Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-11-09
IN EQUITY.
Bill Filed Against Ken
nebec Water District
To Prevent Its Taking Water
From the China Lake.
The American Wooden Co. Of VassalhoTC Is
Plaintiff in Case.

Charles W. Jones, clerk Of courts,
Wednesday, by the American No"ieA
Co. of Vassalboro. to restrain the KEN
nebec Water District from taking
water from China lake. Associate
Justice Albert NJ. Spear of Gardiner
has ordered q hearing on the bill to
take place at the court house, Nov. -,
at 10 A. NJ Hon. Charles +. johnson
Of Watervlle. appears as counsel for
the plaintiff.
The full text of the bill is as follows:
STATE or MAINE.
Konncbec. IS. Supreme judicial Court
American Wooden Co. versus Kenne-
bee Water District. In equity
To the Supreme Judicial Court ii
equity:
The American Wooden Co. q corno-
ration established by law and having 4
place of business at VaSsa lboro in tho
county Of kennebcc and state OF
Maine. complains against the l<cnnehcc
Water District, a body rolitic and cor
p0ratc, created by CHAPTER go Of til"
Private and Special Laws of Maine of
1899. and having its place Of business
at Watervillc i'll said county Of kennc-
bee. and says:
%. That the Kennebcc Water Dis
trict is authorized. for the purpose Of
supplying the inhabitants Of said dis
triCt and the towns of Benton. Wins
law and Nassalboro with pure water
for domestic and municipal purposes.
to take and hold sufficient water of
thc Kenncbcc river, and the MeGsalon-
skce stream. or its tributary lakes, ana
the ScbasticCOk river and its tributary
lakes; that. claiming TO act under au-
thority claimed by this act. it has con-
struCted I pipe line two feet in diam
eter from China lake to its pumping
alton in Waterville. and laid said
pipe line out into said China lake 4
foW rods ahrvc the outlet 1T the same.
and tn, waters Of said Lake are now
Il: ken by means OF said pil,c to its said
pumping station.
That said China lake is tributary "a
the SSfbaSticook river and lies rarity in
the town of China and partly IL the
town of N2ssalboro in said county Of
Kennebcc, and has an area "f about
six and one-nalf square miles.
C>. That the outlet stream, or Mile
brook, SO called. is the outlet of said
China lake. 1t flows from said China
lake through the towns OF Ndssalbnro
and Winslow for n distance of about
seven miles ana empties into the So
basticooll river at Winslow
go. That the plaintiff is seized in
fee simnle of a certain valuable mill
privilege, situated at North Nassal-
boro, on said outlet stream. or Mile
brook. which has been developed b.
the building of a dam. creating head
of water of 81 feet, and the same has
been utilized for manuf2 curing pur-
poses for nearly q hundred years
ca. That since 1884 a wooden mill
has been operated by means of the
head Of water raised by said dam. AMI
the size of said mill has been enlarged
IRON tine to time; that at the present
time. and foT several years last past,
the plaintiff has operated q wooleh mill
OF said mill privilege whose annual
product is sold for about $1O0CoO. and
in which about $50 hands are employed.
at wages amounting to $500 each
week; that said mill has a large and
well established business which yields
large profits to the plaintiff.
90. That said wooden mill of the
plaintiff IS equipped with two water
Wtcols. which together discharge 9l35
cubic feet of water por minute. and Dc
Vcl"p E2".5S horse power. under said
Read. That it requires for the orcr4-
ton Of it said mill all Of the power
developed by said wheels. ana to SUP
ply this power the whole flow of water
III said stream is required during the
whole Tcar. except during short periods
of high water
90 That for Il great many years
tho Plaintiff and its predecessors in
It'll" have maintained 4 dam across
said Outlet stream, near the outlet Of
said China lake. and by the exercise
of the greatest care in const rvinc tho
waters Of said laFe, and regulating the
no" thcretrom, have succeeded in Oh
talll'nC from the flow Of said stream, AZ
@a!d r'itI privilege. sufficient power. to
operate said wooden mil: that in order
10 10 This il has been Obliged 10 sprnd
Il large amount of money in tn" p,I:-
chase from upper riparian ownrrs an
said stream of tho right to regulate
the flow ct tho water in said stream.
so as 10 oItain II it's said min nriyi-
lege t." most economical and efficient
- - ~'4t "'t''i, anu lT1l ny 81
mems il he's been cna bed to store the
waters Of said lake. an, to "a caI,aIiZ..
IN = flow therafrOm through said stream.
that i! has been pble To obtain GlIfTi-
Gent water for the operation Of The
create" part of its machinery at its
Sali wooden mill. except for Il small
part of the dry season i'm each year.
f3at curing such season, which Gov
"rs about four months in each year. il
mas been able TO obtain. by careful.
supervision and control of the flow OF
| SAID stream. barely one-thirt, the
! power necessary for the operation Of
its said wooden mill.
@. The plaintiff is informed and
heilcvoS, and therefore. AYERS. that said
defendant requires at the present time
| Tor its ueo about COCOON gallons OF
| water daily. which amount will. be
| largely Increased IL the ucar future.
that 1t claims to exercise under its
chartcr the right to take the whole Of
| US supply of water from said China
axe that the intake pine of the de
Ienc;1nt has been placed lower. than the
~. Il