Show 1 rii ni-rii n. n Lii CITY Y I-Y WINS ITS I IS CONTENTION S Supreme Court Reverses Lower Low Low- er Court in Assessing 75 75 for Right to Widen East Jordan Canal Canal Remand Remand Case I OBSTACLE TO INCREASE I IN SUPPLY IS REMOVED Important Decision Opens Way Nay to Provision J I for Bett Better r Water System and nd Remedy for ReI Re Recurring Recurring Re- Re I Summer Famines F mi esl I IMPROVEMENT A NECESSITY T I THE lIE court of Utah yes yes- es opened the tuc way for way f r Salt Lake to lo increase c its water supply ata at ata a r. r reasonable cost ost s u to overcome overcome over over- come the shortage a and aud d provide provide pro pro- vide ride the city city cit a flow flo of pure drinking water niel ample to more than Hum meet every requirement of the time municipality fore for years e to come In reversing re judgment of the district district dis- dis court ii in n the case of or the city cily against the East Jor Jordan an Canal company com corn pany iping out the damages assessed against time tIC city for the tile right to widen the East Jordan lordan canal and IU reman remanding ing the time case for retrial the court has made it possible for Salt Lake to overcome the financial nl obstacle obstacle ob oh- stacle that stood tood in the way of exchanging cx- cx changing changinS- waters from the tho Jordan river d to the Cottonwood farmers for tI the full flow of Cot Cottonwood Cottonwood- creek For years the need for tor a bigger wa wa- tot ter supply auppl has been growing more mora Imperative Im Im- Im- Im Tho city failed aIled in iu the time earlier years cars to secure its rights to all the flow now of or Big Cottonwood one onte of ot tho the largest and best besl sources of ot supply available The Tho Waters of ot tho the Jordan arc ar good goodenough enough for tor irrigation and such purPoses purposes purposes pur- pur pur pur- poses as tho the farmers use it for tor but not good enough to be turned into the mains mains' of ot tho the city's water nater system Water tOr Stands Stand Test Tent The Tho waters aters of ot Cottonwood as ns chemical chem chem- ical tests have shown are arc as good for tor drinking and all city purposes as can bo be found anywhere and this water Is I being being- us used d for tor irrigating farms I while whilo lo Salt Lake suffers for tor lack 0 al almost almost al- al most mot ever every summer To obviate ob this condition of ot of affairs afar the city council sorno some zomo years cars ago aso proposed proposed proposed pro pro- posed to enlarge the tIle Hast End Jordan canal sufficiently to enable it to Varry arry arn all its water Waler and md the fio flow In tho the Salt Bait Lake and Jordan canal It was proposed to exchange o with tho the farmers letting them theta use the Jordan water for their farms and give th tho Cottonwood water ater to the tho waterworks s system Tho The East Jordan canal runs from the Jordan river near Utah lake Jake to Little Cottonwood canyon canon where It empties It Is nineteen miles allies long and Is so 80 lo located o o- o that with sufficient nt water vater It would bo be Jo able to serve all tho farmers who ore are now flOW served b by the flow from Cottonwood Tho Salt Lake antI and Jordan canal runs from the Jordan river through tho the southeastern portion of ot Salt Lake and andIs andIs andis Is twenty nine miles long The Tho Intake is Jow down n the river ri from that of or the East Jordan canal and time the canal runs at A n a level J some ATrIn tiff feet hM- hM below i. i u of t th the East st-J st Jordan nJ canal j. j By B enlarging enlar ln time the last Hast Jordan canal from second feet capacity to 30 second feet capacity tho the flow now going goIng going go go- ing Ing- through h the time cU city canal could be bo di diverted diverted dl- dl Into the East last Jordan ditch an anti anil distributed to tho tim farmers whom it ft Is desired to serve e the time elt city engineer con con- tends Thin plan was WIlS thoroughly l worked out but time the East Jordan people objected objected ob oh- to th the city's proposition and th tho olt city went into the district court with witha a suit to condemn an easement casement ea ement to Continued on Time II Taco TITO CITY WINS ITS WATER HER CONTENTION Obstacle to I Increasing Supply Is Removed by the Supreme Su- Su preme Court Continued from froll U. U One enlar enlarge e the canal of at the opposing opposing- corn com pany The rue company compan claimed dama damages es to the waters of oC Its canal and to delivery of ot its waters The Tho lower court while It held that tho the proposed Improvement Is needed and should be made decided that the Ct city would have to pay damages for tor forthe forthe the privilege of or carrying out Its Us sch scheme cm e. e City Appeal I This was a financial obstacle that the I city council could not overcome It has been beell a bone of at contention In the council ever since Some have argued that the city should bond itself to raise the mono money but hut others have havo opposed It The city appealed to the supreme court which now has reversed the lower court In the matter malter of at damages and sustains It In the decision that the tho Improvement Is a n. necessary ono one and that the city had a 3 right to carry It t through ii rou gli Tho The opinion is written b by Chief Justice Justice Justice Jus Jus- tice J J. R. R and concurred in by Justice W. W M. M McCarty Justice D. D N N. dissented on the ground that there was a question as to whether the law contemplated the enlargement of oC ofa ofa a a. canal for Cor the exchange of ot waters for tor forthe forthe the benefit o of the con condemning party as asIn asIn asIn In the case of ot Salt Lake City against the Last East Jordan Canal company compan J t. t Among Amon the elt city officials the decision of ot the supreme court Is hailed balled with de delight delight ie- ie light as offering a final and advantageous advantageous nd solution of at the water supply problem which now will enable tho the elt city to carry through Its scheme for tor securing the Cottonwood waters It ItIs ItIs ItIs Is believed b by thorn thom that on a basis of ot actual damages the assessments against the city will not be difficult to pro pro- vide Practically Practical the same Issues as those involved In the tho above suit were settled b by the court in another supreme opinIon opinIon opinion ion handed down yesterday In the case of or Caleb Tanner Tannel against the Provo Bench Canal and Irrigation company and anti the North Union Irrigation company compan com corn com pany pan Tanner ranner having having- rights to a sec ten ond flow of ot the waters of or Provo river sought to condemn an easement casement to enlarge tho the canals of or the defendant companies so he could run his water to arid lands which it was desired to irrigate In his case the trial court gave him hint I tho the right to do as ns desired placed place him under bond and assessed the damages es according toa basis of or Just tion Th The Tho companies appealed and the supreme court affirms the thc Judgment of or orthe the lower tribunal in this case caMe The Tho contention of or the opposition that operation of or the canals would l be hindered hindered hin bin dered and Interfered with by bv a widening widening widen widen- In ing of or the canals Is denied d b by the court |