Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1911-12-22
PROTEST..


Gently filed with the city council, in op
position to the payment of any dam
ages to the Montpelier Milling Co. The
protest is signed by about 10 citizens;
To the Honorable Mayor and City
Council, Of the City of Montpelier, Ida.
The undersigned have been informed
that the Montpelier Milling company is
now trying to negotiate with you as
representatives of the people, to secure
a recognition of the rights of the Mill
ing company to an appropriation of the
waters of Montpelier creek and to Sc
cure an allowance on the part of the
city, for damages claimed by said Mill
ing company, by reason of the city
using and taking the waters of said
creek at point above the intake of
said Milling company.
Your petitioners further represent
that at the time of and during the con-
troversey between the said Milling
company and the city of Montpelier, as
to the placing of the water works dam
above the intake of the Milling COM
pany, the Milling company claimed
said waters by appropriation and the
officials of the city were not in position
to refute this allegation, so that the
CONTROVERSY as settled by the court
was based entirely on the allegation of
appropriation on the part of said Mill
ing company; that since the decree was
rendered by the District court and
affirmed by the Supreme court, in favor
of said milling company, it has been as
certained that the milling company, by
itself or its predecessors. never did
appropriate any OF the waters SO
claimed by it, but that the same was
secured by the predecessors of the said
Milling company by contract from the
Montpelier Irrigation company. and
that on the purchase of the Milling
property by said Milling company,
from its predecessors, the said Miilii 9
com pany, entered into new contract
with the said Montpelier Irrigation
company, whereby it secured the wat
ers now claimed by it, that such use by
it under said contract, was and is q
permlssive use and never has and never
can ripen into title that the city of
Montpelier, is the owner of shares of
stock in the said Montpelier Irrigation
company and as such is entitled to the
water represented by said stock, towit,
| Three and one-tenth cubic feet of water
per second, as against every one, ex-
cept share holders, and that said Mont
pelier Irrigation company, in leasing
and letting said water to said Millirg
company, did SO without right and IN
violation of the rights OF the share
holders in said Irrigation company,
and especially the city of Montpelier; it
mad no right to lease any water except,
if any al all, such surplus water as
might have remained after satisfying
all of the shareholders in said company.
Your petitioners further represent,
that the Montpelier Milling company
is not now and never has been entitled
to damages resulting from the use of
the waters of Montpelier creek above
the intake of the Milling company, in
that the records show in the action
tried netween said Milling company and
the city, that the quantity of electric
power employed by said Milling com
pany, for three years prior to the con-
structiou Of the city's dam, was great
1T than after the dam was constructed,
hat is to say, the first winter after the
dam was constructed, there was $50
kilowatts OF power saved to the said
Milling company over and above the
average Quantity of electric energy re-
quired for each of the three years
prior TO the construction of the dam,
or that amount less than the average
han the three preceding years: it lie
also fact, that said Milling company,
mas permitted to escape and run TO
waste, and is now permitting to escape
and run to waste. q large portion of
he flowage Of Montpelier creek. suffi-
lent If husbanded to run its mill; it II
lso fact that while the city is EMIT.
ed to three and one-tenth cnbic feof
'er second, of the waters of Montpelier
;reek, that it has never used more than
ne-fourth of one cubic feet per second
and at the present time, and during the
winter season, it cannot use more than
'ne-eighth of a second foot for the rea-
ION that no water is used during said
season for the irrigation of lawns, trees,
tc.
For the foregoing reasons and othe, 8
which will be made known to you, W.
most solernly protest against the rec.
ignition Of the said or any rights to said
vsters now maintained by said Milling
company, under and by virtue of any
precipitation or otherwise, by the said
'illing company or it's predecessors.
We also protest against the ALLOWANCE,
# any claim In any sum or amount TO
lid Milling company as damages re-