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Show PG Will Respond Water District Wants Lawsuit Dismissed By LINDA HARRIS . The Central Utah Water ' Conservancy Con-servancy District (CUWCD) has filed a motion for dismissal of a suit brought against them and the U.S. Bureau of Reclamation by Pleasant Grove City in the battle over the waterway to be used to convey water through northern Utah County to the cities of the Salt Lake area. The lawsuit filed by Pleasant Grove basically opposes construction of two new aqueducts, Jordan and Alpine, through their city in the vicinity of the present open Murdock Canal. In response to Pleasant Grove's suit, filed last month, Edward W. Clyde, attorney for the CUWCD, filed a motion April 16 asking for dismissal. John Backlund, the city attorney, received a copy of the motion in his office only last week, however, and he says he has not yet had a chance to fully review the motion and the legal authorities cited to support dismissal. Mr. Backlund said, "We are researching the matter now and expect to have our response in court this week." "Basically, Mr. Clyde is claiming that the Bureau of Reclamation is an indispensable party to the lawsuit and because of that the lawsuit should be dismissed on grounds that the Bureau . has immunity from suit as an entity of the United States Government," said Backlund. The suit has not been challenged on the basis of content but rather on technical grounds, according to Mr. Backlund, who said he expects the court will rule on the dismissal motion within about two weeks. Pleasant Grove City, spearheading the move against the CUWCD as a member of the Timpanogos Planning and Water Management Agency, maintains that the alternative design - improving and using the canal instead - is environmentally acceptable ac-ceptable and would reduce ground water problems and further alleviate the risk of earthquake damage to aqueducts. They allege that the alternative design would enhance aesthetic values in Pleasant Grove as well by eliminating the Murdock Canal and would eliminate the need for public use of another quarter of land for the two aqueducts. An enclosed Murdock Canal would also eliminate water evaporation from the open canal. . . The canal plan would also allow the Olmstead power plant on the Provo River to continue operating, whereas the Jordan and Alpine aqueduct plan would force the plant to close. The suit seeks to enjoin further work on the project for the following reasons: -The construction of the Jordan and Alpine aqueducts under the current design would place an unfair burden on Pleasant Grove City and its residents without bestowing the same benefits upon them that other cities would receive without sharing the same burdens. -Construction of the aqueducts, as presently designed, would also result in construction of a nuisance that would endanger the lives of the residents of Pleasant Grove and would also result in devaluation of real property situated within the city. -No political subdivision of the State of Utah is excused from conforming with applicable city zoning ordinances or-dinances when constructing a facility within a municipality. Pleasant Grove City is seeking to require the defendants to construct the proposed project in a way that would conform with the zoning ordinances of the city. -The city alleges also that the environmental en-vironmental impact statement prepared in this matter is defective and does not properly address all the potential adverse impact upon the environment. -The CUWCD and Bureau of Reclamation have failed to acquire all necessary rights of way or easements with respect to this project. The city has adopted a municipal ordinance regulating use of city property and city streets by other utilities. -Pleasant Grove claims that the current design for the project is arbitrary, ar-bitrary, unreasonable, and capricious. Further, they allege that there are alternative construction designs for the project which would result in eliminating present loss of water in the Murdock Canal. The irrigation water saved would result in a direct benefit to the general public and to canal users in Pleasant Grove City. Pleasant Grove also alleges that an alternative design would result in the elimination of the Murdock Canal which would save lives by preventing canal drownings. |