The Rathdrum tribune. (Rathdrum, Idaho) 1903-1963, 1905-12-01
ALONG SPRING BRANCH.
Rights of Water Company as As
certained by Sinclair.

A number of the ranchers living
along Spring Creek Branch, the
stream from which Rathdrum re-
celves its water supply, recently Gu
gagged Bartlett Sinclair to Investigate
the rights and privileges of the Rath-
drum Water and Power Company af-
fecting that property. Mr.. Sinclair
replies in the following letter, which
is here published as matter OF pub
Tic Interest without the approval or
disapproval Of the TRIBUNE.
The letter is as follows:
Gentlemen:--
l have carefully ex-
amined the records Of the office OF
Recorder as they bear upon the Re
servation by the Northern Pacific
Railway Company Of certain rights
aud privileges affecting lands owned
by you. ] here copy the words
of the original Reservation as they
are found in deed from the North
ern Pacific Railway Company to
George Poler, Book T. p. 81, and
bears date, February 26th, 1900, The
words OF the Reservation or exception
are as follows:
"Excepting to the party
Of the first part (The Northern Pa
citic Railway Company the right and
| privilege TO maintain, operate and
renew the pipe lines. dams aud other
appliances now upon said land. used
! for the purpose of furnishing a water
supply To the Northern Pacific Rail-
way Company and to the Rathdrum
Water & Power COMPANY, including
the right and privilege Of going upon
said land as much as may be neces
sary for the purpose Of operating,
maintaining and renewing said APP
pllances, also reservlng to the Party
of the FIRST part the right to use as
much of the water flowing in Spring
Greek Branch and tributaries upon
said land as may be required for the
use OF the Northern Pacific Railway
Company and the Rathdrum Water
and Power COmpany,n
1t will be observed that there IL ne
grant of any right whatever to tht
Rathdrum Water & Power Company
either to build dams, laY pipes or dt
other things Oh the land In question
Certain rights are retained by thu
Northern Pacific Railway Compan.
in the Reservation quoted but Their
is no grant OF any right to The Rath-
drum Water & Power Company. Ac
cording to the Reservation tha
company has no interest or estat
which it could transfe: or sell.
Any action taken by the Rath
drum Water s. Power Company or 1t
agents involving the use or occupa
tion of your land or timber Withou
YOUR consent is wholly unlawful. Th
exception or reservation in the dee
/. is not to the Rathdrum Water
Power Compan. but to the Norther
, Pacific Railway Company. The r.
ference TO the Rathdrum Water Pow
I er Company simply operates as
. measurement of the reserved rlgh'
privilege to The Northern Paclt
Railway Company, and not TO II
Rathdrum Water q Power Compan
which takes nothing by the deed
; reservation in question.
AS to the right Of the Northel
Pacific Railway Company they WI
! be construed when in doubt agaiu
the grantor, that is against the Coz
. pany. The deed reserves to the be
wa Company the right Ito mai
Tain. operate and renew the pi
lnes, dams aud other appliances III
upon said land" etc. etc. This Is
usht reserved TO the Northern Paci
a Railway Company and Mt the Rat
drum Water & Power Company.
!, II does not mean that the Mort
ern Pacific Railway Company (or
!. Rathdrum Water s. Power Compa'
:, can erect at other places on Spri
), Creek Branch other dams or applia
. ces than those extending On W
lands at the time the deed Was ma
- The Railway Company unquestie
!, ably has the right to renew the
dam, pipes, etc. The word rene
does not mean the right OF constr
"a ton of other or additianal dams
:. Spriag Branch Greek covering -
no land. Ii gives neit1er company
o5 right or privilege beyond the ma