The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1905-08-19
is THE OCTORARO TO BE DRIED
UP?

TT Is well settled principle of law,
recognized over and over again by
the highest appelilt" Courts of the
country. ana one founded Oh justice and
common <'.ir~,', that no property owner,
or other person enjoying the water rights
of Il natural stream. can appropriate
| solely 10 his own use. on divert the watr'S
of such stream, from their usual and
natural course or channel
He may. a., the owner or lessee Of the
adjacent lands. make s'uch use of the
waters Of the sslr,,lm as hi, interests re-
qurc but after using the same he must
return them 10 the usual ana natural
channels in which they originally flowed.
The reasons for this are 50 apparent
rs scarcely t., need statement.
Were the case otherwise. the owner of
u water right. located at the head of a
stream. could cut off the water supply.
| and render practical = valucleSs. that of
every other land owner. located below
him nm I'll" same stream.
With this predatory ;l1at"mcnt. we
wish to make plnim 70 the people of
Cecil county. particularly those who own
and reside ON lands adjacent to. and
bounding IN til" Octoraro Creek. certain
| possibilities in the immcdiat" future that
| may result in their incalcuable damage
and injury.
The Octolaro Creek. fed by lis tribu-
| tariCs, Basin Run and other smaller
streams. has its source in the State of
Pennsylvania. adjacent to and directly
North of Cecil county. and has been in
the past. as il is now. one If the most
important sources of motivu-powcr in
this county. The wheels that il turns.
and the power it furnishes. has been for
| ., ncrati"aS. import mt sources Of rrve-
| rue and prosperity 10 the people Of Cecil
II HIS been in the past a nrvcr-faling
;rram. not only for valuable local indus
| tries. hut il has fortified and irrigated
| It's adjacent farms fed with constant
| moisture its adjacent wopllandS and
| hes been beth to the mill owners. and
tn" farmers along it, a SQUIRE" of health.
| life and wealth
Recently. the LEGISLATURE of prnnSvl-
| vanigl, conferred upon certain corporate
lodicS in that State. what is tantampunt
to the right of Eminent Domain. the
privilege for a consideration. of collect
ing and appropriating the waters of GER
tain streams. among them the Octoraro
Creek
The Pennsylvania Railroad Go. pro-
poses to construct Il series of reservoirs.
for supplying its locomotives. &c.. along
it, main line, and instead If sinking
artcSian wells. will Use local streams.
tn" waters Of which will he stored or
collected ut points most convenient for
distribution.
Th" Octoraro Water Company is HOW
III operation and pumping at Pine
Grove. in that State. Il short dis
lance above the Maryland line. and its
drainage of the waters of the Octularo
Creek on the Maryland side of the line
is plainly apparent.
At the last session of the Legislature of
this State. Bill was offered. cll,lrtcring
similar Corporation in Maryland, its
purpose. ar expressed in the Bill. being
to 'c0ll"ct and appropriate the waters of
Octoraro Creek and other streams and
creeks"
The effect of this limited diversion of
these waters in Pennsylvania already
being apparent in Maryland. in the d.
minished volume of water that descends
the stream. it must inevitably follow
that its further exhaustion must even
tually render the OctUruro practically
useless to the owners of water rights
along its course in MARYLAND. to say moth
ing Of the injury ii will infct upon the
iand owners. and property holders of
that section of Cecil county.
1t must not he understood that the
possibility of the passage of such :. Bill
ant injury 10 the owners of water rights
AVID lands in Cecil county 50 remote.
that those in interest may treat the mat
ter lightly or aS a probable political
nightmare, but the people of Cecil
county may rest assured that the same
powerful influences that secured the pass-
sarge of such Il Bill in Pennsylvania, will
be eNertcd next year at Annapolis for
the passage of Il similar Bill by the
Legislature of Maryland.
The people of Upper Cecil to be fore
armed need to be forewarned, and the
possible attitude, on this question, of
every Legislative candidate to be voted
for this fail, should be made plain, be-
fore the Ballot Boxes are opened in
November.