The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-18
The Ruling Which Saves
Scramtorl's. Water. Supply. !,
81 Text Of the Decision of Judge MCPHERSON y Of
4 Dauphil County lin the Effort Of Lehigh
Valley Interests to Monopolize the Fluid Of
the Lehigt Rivers Headwaters.

Coal and Navigation company, 'the
Bethlehem South Gas and Water COM
pany. f.. p. Wilbur and Robert II.
Sayre and Samuel Wallace and others
against the Scranton Gas and water
company which was filed with FRO
thonotary Pryor Tuesday is given be-
low almost in its-entiretN: -
These three bills in equity, which were
hoard and argued together, raise SUD-
stantially the same questions. iheS
grow out of the defendants claim u
bring water. from the river Lehigh ior
domestic and manufacturing. use IN the
City of Scranton.
FINDINGS OF FACT.
rho Scranton Gas and Water COM
anv is a corporation chartered oy Tue
a"t ,f March 16, 1854. CP. l.. OF ieoo, -
ZOO, The second section gives 'the ae
o''', now.r ito take water
from any stream" ,,,, hv
Exercising the powers given ~
these statutes. the company mas sph ths
about two millions of dollars 'upon ,,ar- on
plant which, is now sup,Sins, a,sraailyt @ to
ape Of l3 OOO 900 gallons OF water uaus ~
th. c,tv of Scranton and its lmmeuia's
naiphborhood. Eight millions are useu
FOR domestic. and five millions for man
ufacturing purposes. The water
drawn from two streams nearby. one
being Stafford Meadow Brook, anu VI.
other. which is the principal source Va
supply, being Roaring BROOK. vi ~
streams the defendant has several res
ervojrs. in which water is stored lol
,,s4. as occasion may require During
the nrf,iSnged drought of 1895 the aVfil-
ahle SAMMY sank 50 low that the con,
many turned in alarm to seek an au-
ditiona1 source. ana decided 10 carry
out a plan first considered apou. .J,
years ago, and build a new reserxoH ,Oon
nnon the I.ehigh river In OCTOBER" 1912
. Sard Of directors passed the FOL
lowing resolutions: (Here follows reso-
luton appropriating water from Lee
The defendant Immediately notihed
tbe Iehigh Coal and Navigation COM
many of this resolution, and asked ts
consent that we may take water ilol,.
the upper waters Of the Lenish hea
Gouldsboro' station on the ,,n, -, 10
w. X. r., 50 far as your coHipan. 80 80
concerned and subject to your rlght 10
snnniv the canal of the Lehi@h Coai
and Navigation company; addlhs,
Eve propose simply to Dulid s.oias
raservoirs and fill the same in time oi
freshets and high water, and not inter
fere with the ordinary ana collihoi,
flow of water in the stream. Cohsen.
was refused, however,. and thereupoi
the defendant proceeded TO carry o"'
the resolution of its board.
2 For this purpose the detendaht
bought in fee n tract OF lana l!ihs
across the head waters of the Lehisi,
river near Gouldsboro' station, ana
built thereon in the county or l.acka-
wanna a crib dam crossing the strealli.
The dam Is two hundred and I1ty-Ne
feet long: the breast is about eight rect
high; the spill-way Is hfty.seVeh ieet,
and the sluice way Is SIX 1eet' III
breadth, When full, the pool above the
dam covers an area of~siXty-four acres
and contains about 6l,OOO,OOO gallons
of water. At the head of the pool the
defendant erected pumping station
and installed therein pump with
capacity of 100000 gallons per day.
About a mile and a half from TINS sta-
tion is the ridge or divide. about thirty
five feet higher than the dam. whicn
separates the watershed Or basin or
the pool from the watershed or basin
of Roaring Brook. Connecting with tns
pump about two miles of iron pipe was
laid, through which the water from
the pool can be forced into the bed OF
Roaring Brook, mingling thencefor-
to the defendants reservoirs at Elm-
hurst and elsewhere. on its way to be
used in the city of Scranton and neigh
hOrhoOd The course of the river mas
not been changed by the defendant; but
the stream flows now through the pool,
and passes over the dam orthrough the
sluice-way into its former bed.
A. Shortly after work was begun these
bills in equity were filed, but there was.
no preliminary interference by, the
court, and within a few months the
dam, pumping-station and pipeline
We're ready for use. The cost of the
whole work was about $4,000. In the
month of February, 1896. while the
river was in freshet above the dam, the
gate was closed and the pool was filled.
This was done in about five hours and
half without appreciable effect upon
the stream at White Haven or below,
and without affecting in the least the
interest of any one of these plaintiffs.
Since then the defendant has not OBJ
structed or diminished the flow or vol
ume of the water. The gate of the dam
has been open, and the stream has flow
ed without hindrance. No pumping has
been done and the water stored re-
mains in the pool, awaiting the de-,
cisiOn of the court upon the pending
questions
s. The defendants right to build
dam across the stream upon it's own
land Is not denied; but the plaintiffs
deny entirely it's right to take any
part of the water at any stage. and
carry it for use to the city Of Scranton.
Their respective interests are as fOllows:.
The Bethlehem South Water company;
which supplies the community dwelling
in that neighborhood, takes it's water
from the Lehigh at a point eighty or
ninety miles below the dam in con-
troversy. Messrs. Wilbur and Sayre
are among the consumers of the water
thus supplied; and the hill to No. G
January term Is filed upon the theory
that these plaintiffs represent the
riparian owners. and especially the
right of such owners to use the water
for domestic purposes. The bill to No
January term, filed by Messrs.
Samuel L. Wallace and others, asserts
the right to use the water for power:
each of these plaintiffs derives his right
by lease or other contract from the
Lehigh Coal and Navigation company.
but as hereafter stated no stress is laid
upon this fact and the plaintiffs are
regarded as independent riparian own
ers. The remaining bill Is filed by the
Navigationscompany, whose interest in
the subject of dispute requires a state
ment in some detail.
lin the sixth finding, after referring IN
the act of the Province passed in I'M
making the Lehigh common highway
fornavigation, and prohibiting diversion
of the water for mills. or .water-works,
and erection Of dams: also the act of
1918 (P. L. 1870, the act of 1922 Up. L. 2l)
incorporating Lehigh Coal and Nayi-
CATION Co.. the court says:]
BY virtue of this statute and supple
mentary legislation. the Navigation
company improved the channel of the
river and spent a large sum of money
In constructing slack-water and de-
scending navigation. building dams at
various points along the river from its
mouth at Easton to the Great Falls at