The San Francisco call., 1910-11-24
PARK COMPANY
ATTACKS CITY'S
WATER rights
Electric Corporation Sues for
Injunction Against Tapping
TuOlumna River
Petition Filed in TuoIumne
County to Prevent Diversion
for Power Purposes

The city Of san Francisco's right to
appropriate waer from the Tuolumne
river below the Hetch Hetchy valley
and outside the Yosemite national park
has been attacked in a suit filed in
Tuolumne county by the National Park
electric company. a corporation in which
Thomas Prather of Oakland is one OF
the leading men. The suit is in the
nature Of injunction proceedings, which
call into issue directly the city's claims
The suit is not an attack on the citys
rights TO a water supply from waters
impounded in Hetch Hetchy, or from
Lake Eleanor, however, and, accorolng
10 Attorney Milton S. Hamilton, is not
an attack on the city's project 10 obtain
Sierra drinking water supply. HAM
ilton as attorney for the power COM
pany mailed the petition TO Tuolumne
county Monday.
CITK-S PLANS ATTACKED
At the point where the Tuolumne
river leaves the national park peloW
the Hetch Hetchy valley, the munlcl-
palitv plans to construct an intake
canal and divert water for power pur-
poses. According TO the city's map,
This canal viii run along the south OF
the river practically parallel 10 the
course Of the stream, for a distance OF
several miles TO q power site OF seVeral
acres that has been located. Any water
taken from the rivers natural now
must be returned into the stream and
be permitted TO flow on TO La Grange
for the purposes Of the Modesto ano
TurIock irri cation districts.
A short distance below the park boun-
dsrv and between the points indicated
vnFn nrrT1
Of this water the National Park com
pany claims a prior water appropr1a-
ton, which. the corporation declares
would be greatly impaired by the diver
sion Of water by the city above It
Hence the injunction suit
OLD WATER RIGHTS BOUGHT
The company went into the field as
early as 1903 and bought number OF
old water rights and located new ones
II claims all the water rights from the
Tuolrmne river up as far as the boun-
dary OF the national park A few days
after the park boundary had been
moved back by act Of congress so thar
the location was possible. the company
located the water right which IL Wishes
10 use for power purposes in February
1915.
According TO the company>s petition
The city of San Francisco has never
fled any location or obtained from any
one else water rights al the point on
the TuoIumne river where II is pro-
rosed 10 divert water. Attorney HaInil-
TON backs up this contention with
certificate from the recorder OF Tuol-
--mne county 10 the effect that no such
location appears Of record
COMPANY CLAIMS POWER
The National Park electric company
is allied with the railroad company
70 Porf01
which is used by tourists going into
the Yosemite valley. Its intention is TO
develop water power from the main
Tlolunne river and from the south fork
as well
We have not quarrel whatever with
the city Of San Erancisco's attempt 10
secure water supply from Lake
Fleanor and the Hetch Hetcny valley,
said Hamilton yesterday, and are max
ing no attempt TO impede that PROJECT
The water rights in controversy be-
tween use and the city are 10 be eXer-
cfsed with the water Of the Tuolumne
river below the Hetch Hetchy, and 90
not involv the appropriation Of water
except for power purposes, as the water
we might take or the city might take
q this point must be returned TO the
stream lower down to meet he require
mems Of law.
The question is, who has the right
10 water for power purposes? and we
claim that we acquired this right oy
urfor location in accordance with law.
MANSON RIDICULEs CLAIMS
The National Park electric COM
many was denied its application to
water and power rights on the main
fork Of the Tuolumne river by the
federal forestry bureau said City
Engineer Manson. This was done
upon my protest in behalf Of the city.
The company has secured some rights
on the south and on the middle forks
OF the stream. All our rights pertain
10 the main fork. The refusal to
grant the company any rights there
was to protect san Francisco in its
prior claims.
Whatever action has been brought
IN the Tuolumne county court probably
has been initiated as a scheme TO hold
up the city The middle and south
forks Of the river are no factors in
the city's system. We will draw no
water from them nor seek to derive
any power from their flow. It is prob
sble that the complaint IS directed
against the erection OF the city's Park
line power station or the North Noun
tain power station.
I'm either case the city can show
that Il has no intention OF interfering
with any rights the company may
nave acquired Oh bne il4ouSe anu SOuIn
forks AS for the main fork Of the
Tuolunne river they have been denied
2 foothold by the federal government -
MAYOR EXPECTS TO WIN
we are confident that the superior
court will uphold the rights of the
CITY in this litigation brought by the
National Park electric company" said
Mayor Mccarthy yesterday, and that
no obstacle will be placed in the city's
way IN proceeding TO construct its
Sierra water system.
San Francisco's rights are centered
in the main fork of the Tuolumne, and
understand that the company
claims are to power rights located on
the southern and middle forks In the
absence of service on the city Of the
complaint we cannot tell just what
the company makes pretension to, but
I consider that the city may expect the