The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-12-01
MATER SUPPLY N NAAIGl)M
nrcnnE ENJ0ININc CONTINUED
USE or PRESENT SOURCE.
Fairhaven Land Company Obtains
Judgment Axainsf the Town tor
Dlverting the waters Of Lake
whatcom and whatcom Greek.

Special Dispatch to the Post rnte,ligencer.
WHATCOM. Nov. 30.-A decree that Is
somewhat of a surprise to the city OF
Whatcom and its attorneys has been hled
III the Office OF the clerk OF the superior
court. 1t Is in case that has been pend
Ing ten years. and II the decree were TO
be enforced to the letter the entire city OF
Whatcom would be without water supply
until q valuable mill and site could DC con-
demned and purchased BY the c.ty.
The case is that of the Fairhaysn Land
so s nnd h n. city 81 New WHAT
com. In the decree is embodied the fol-
lowing Injunction:
First That the defendant, the city OF
New whRtcom. municipal corporation.
It's Officers and agents. be and they are
hereby perpetually enjoined from divert
Ing any Of the waters OF Whatcom creek
Or e Lake the .u sogrss Of ws saa
motors to any Of the corporations or in
dividuals resident within the corporate
limits Of the said city Of New Whatcom.
Whetcom. a municipal corporation, b.. and
the same is hereby perpetually enJoined
from diverting any OF the waters Of What
com creek or Of Lake whatcom. the source
81 said creek. for the purpose OF supply
Inn the said city and the inhabitants there
az with water supply or of diverting any
az the waters OF said creek or the said
lake. the source Of said creek. for any
=
such time as the defendant city shall have
duly compensated PLAINTIFF herein for any
and all damages accruing to 1t by reason
Of such diversion"
Whatcom gets Its water supply from
Lake Whatcom, having a gravity system
with the head three miles from the city
and 31S feet above It. The outlet Of this
lake y creek Which furnishes 5ns mo,iys
saw and shingle mill. which Is situated at
the mouth Of the creek on the bay water
'front.' The mill has been In operation for
q the the mil mill ana its acquiring Of water
rights. the BelllnCham Bay Water Com
pany laid it's mains from the source OF the
stream to the city. The city few years
ago acquired these water mains for pur-
chase price OF 100000
Suit was brought In 1859 by the land COM
pany praying for an order enjoining the
water company from diyerting the water
Of the lake or creek claiming such diver
sion interfered with the operation Of the
mill during the four dry months OF the
year. This case was pending in the courts
until last year. when 1t took the form OF
an agreed case and was submitted in the
court of Judge j. P. Houser, of Skasit
county.
While the suit was pending and cuIv a
few months ago the land company made
an offer of settlement. 1t agreed to bear
half the expense OF constructing a dam at
the outlet of Lake Whatcom, which would
maintain high water In the lake the wnole
year, the city to not be deprived of the
right to use the water at all times and
the suit to be dismissed without prejudice
The dam would have cost about $1,000. but
the city refused to accept the offer.
Several weeks ago Judge Houser handed
down an opinion In the case favorable to
the land company. In that opinion Judge
Houser said:
1.-THE conclusion 1 have arrived at in this
case is that the city Of New Whatcom
should be en3oined from diverting The
natural flow OF water in Whatcom cr.ak.
This does not mean that the city of New
Whatcom Is to be enjoined Internationally
from taking water out OF Lake Whatcori,