The comet. (Johnson City, Tenn.) 1884-1916, 1902-12-04

johnson City Water Company which
has, apparently, an ally in complainant,
has, in some instances, annoyed re-
spondent to some extent (for annoyance
in general, can often be caused without
just grounds or legal rights; and re-
spondent has thrice been compelled to
invoke the aid of the law to prevent
mischievous and unlawful deeds at its
hands; but respondent is advised that
it is subject to no danger of pecuniary
liability from said litigation, beyond
its attorneys aud its own costs which
it may have to pay because of the insol-
vency of the so-called rival company.
When said company was about to di-
vert the whole of the stream of upper
Sinking creek above not onlyrespondent
but complainant as well, complainant
stood by, without remonstrance, seem
ingly we'll content.
The material facts concerning Sink
ing creek are as follows: Said creek
heads at very large spring, owned by
respondent, in the "Horse Cove" 1t
then runs northwesterly through a
gorge between Buffalo and Cherokee
mountains past the Story springs (own-
ed by respondent, but at the date of the
filing of the bill practically dry), two
and one-half miles to the two Harvey
springs near the head of Sinking creek
valley. short distance below said
springs and on the Harvey farm said
creek, in the dry season of the year,
disappears in the earth. Said Harvey
springs and all water rights on said
Harvey farm are owned by respondent.
From this point the bed of the creek
extends easterly down the valley one
and one-fourth miles to respondents
reservoir; and passing close by said
reservoir, goes on through the farms of
Slagle, Dulaney, Taylor, Mathews,
Hunt and Range, and curving more tc-
ward the north enters the farm of com
plainant through which 1t proceeds,
receiving at the lower or further side
of same the flow of the springs on same
mentioned in compliments bill, said
springs being four miles below the end
of upper Sinking creek on the Harvey
farm. Just below the Smith springs,
the creek enters land owned by re-
spondent, thence to the Walters farm,
where it receives the flow of Catbrd
creek; and thence to and through other
land owned by respondent
The nature of Sinking creek is such
that during the wet season of the year
large volume of water of millions of gal
Ions per day flows down its bed past re-
spondent's reservoir, through the inter
lying farms, and through complainant's
farm; but when the dry season com
mences the water disappears at the
Harvey farm, as aforesaid, leaving the
bed dry to the Range spring, which is
close to the line of complainant; and if
the season be more than usually dry,
this spring, too, disappears, leaving a
dry bed to where the water from the
Smith springs enter. This has been
its unvarying history for time that
the mind of man runneth not back to
the contrary. The creek bed was dry,
as Just stated, at the time of the filing
of complainant's bill, At said date,
where the upper creek sinks on the
Harvey farm, it was running scarcely
$50, 900 gallons per day Ga very small
quantity; and this water, as hereinbe-
fore stated, would never SO much as
reach respondents reservoir by natural
, flow in its usual channel. However,
respondent has, by laying pipe line to
carry this small quantity of water past
} the point of sinkage, been able to pre-
serve it in part for use. The Price
, springs flow some water into the bed of
] Sinking creek; but this, too, disappears
by percolation within very short dis
tance and before reaching the reservoir.
Sinking creek valley, from the mouth
: of the gorge on down to respondents
reservoir is rocky, of loose formation,
! and comparatively confined, being
bounded on the one side by the noun
tain and on the other by high ridge
which come close together at respond
| ent's reservoir almost cutting off the
, valley above; but from that point on il
widens and becomes more level, spread.
! ing into the broad low fields which oc-
cupy the remaining distance to where
complainant's springs enter the creek
] With the exception of small spring or
| the Dulaney farm just below the reser-
voir, there are no springs of importance
in the valley between the said reservoir
D and complainant's lands except the
s Range springs a very short distance
7 above line of complainant's land, and {
p Hunt spring short distance above the
other spring. The first is small in vol
8 ume and often goes dry in summer
+ and the second which is still smalle
i always goes dry. Both springs breal
e out of the side of ridge on the south
east side of the Hunt and Range farms
e which ridge is separate and disconnect
d ed with any ridge OF range above.
The springs of complainant, whicl
!; by actual measurement, as is reported
n and believed to be true, furnish stead,
It yield of ], 400, 900 gallons per day flow
r lower down the valley, from the side o
/ a high ridge northwest from their heaC
and from the creek at that point, auC
S in the suburbs of Johnson City. Tn
g e. 7. & w. N. @. r. r. passes througl
s this ridge by deep cut which is higI
e above the said springs and far highe
IS above the Sinking creek valley below
II yet in spite of complainant's allegation
d as to the source of his springs, durin
IL the twenty or more years since said Gu
l. has been made water has continual