The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1912-05-15
MAY Be OR|ER
AT SUNNYS|DE
Lawns, Trees and Gardens al
Stake in Suit Filed by Citizens
Against Treasure of County
OBJECT TO PAYING FEES
ON WATER MAINTENANCE
Would Enjoin Collection Of Tax
City, With Water Payments
Due June l Argues Public Wei
fare Demanded Assessment


fare Demanded Assessment
Shade trees, lawns and gardens in
the town of Sunnyside are involved in
the outcome of q suit brought Thurs
day in superior court by T. G. VIII
liams and 26 others against H. e.
Perrin, treasurer of Sunnyside, and
Frank Bond, county treasurer, to pre-
vent collection of assessments for
water rights and maintenance fees on
city irrigation water under the Sun
nyside canal. The plaintiffs ask that
a temporary enjoining order be issued
to prevent Perrin from certifying the
water taxes to the county treasurer,
and that County Treasurer Bond be
enjoined from attempting to collect
the taxes; further, that the injunc-
tons be made permanent.
In the meantime the city of sunny
side owes the United States $I236, the
third of five annual payments of $40
per acre for additional water rights,
under a contract made since the gov
eminent took over the Sunnyside
project. and unless the money Is paid
by June l. together with main
teance fees dating as far back as 1907,
the water will be turned off.
The origin of the difficulty dates
case and evidence taken in the trial,
to the sale of lots In the townsite by
Stephen J. Harrison The water
rights appertaining to the land when
it was plated, and before the town
was incorporated, We're included with
the lots. and delivery of water and
collection of maintenance fees was
carried on for some time by Harrison
for the several owners.
Y,nLx xr,s@
eminent when it took over the Sun
nyside project. these rights were
merged and included in the new
rights which included additional al
lowances of water. In return for
these rights, and for drainage benefits
expected from the building by the
reclamation service of the Sulphur
creek spillway from the main canal,
the town of Sunnyside agreed to pay
additional water rights of SO an acre
for the 61S acres in the townste The
payments were to be made n five an
nual payments. The proposition was
submitted to an election April II,
1908, and carried by considerable
majority.
The city assumed. in addition to the
payments on the water right. the col
lection and delivery to the reclama-
ton service of the maintenance fees.
OUJCCJ W MdlutclHHcc teGE
In order to make collection of the
fees possible, the council passed an
ordinance creating a local assessment
district. including all of the town ly-
ing below gravity flow of the Snipes
Mountain lateral of the Sunnyside
canal. Arbitrary fees, according to
complaint of the plaintiffs, were fixed,
and the council attempted to establish
an irrigation system, undertook to fix
t<set f.~~.
charges to constitute a lien on the
property. whether or not the water is
used.
The 81 property owners bringing
the suit contend that the action of the
city council in making the contract
with the government for additional
water right was unauthorized and
void, and that their later action in
creating an assessment district and
levying on the property for water
right payments and maintenance fees
is also void.
The original water rights apper-
tanning to the land when it was sold
by the townsite owners. they contend,
was sufficient for all irrigation pur-
poses, and there was no need for the
city to buy additional rights.
Public Welfare, Says City
The contention of the city. through
l.
that the purchase of additional water
right was justified by the shortage of
water and the need of the drainage
promised by the sulphur creek spill
way. that the city government was the
proper organization to handle the ir-
rigdtiOn system, and that the creation
of the assessment district for collec-
ton of maintenance fees is authorized
by the state laws.
,;t.-
reviews the history of irrigation in
the town, showing how the water
rights were sold with the lots, how
later they We're merged in the con-
tract with the government, and how it
became matter of public necessity
to provide means of collecting main
tenance.
Taking of evidence in the case oc-
cupied much of the afternoon session
in Judge Preble's branch Of court
Thursday. former members of the city
administration and water users being
called as witnesses. r. X. Tiffany,
superintendent of maintenance of the
Sunnyside canal, was another witness,
testifying that the amount of water
under the old rights, one-sixteenth of
second foot for each ten acres, was
insufficient for the lands already sat
urated and containing alkali. Other
witnesses. testified that the water,
even since the additional water had
been secured, was not sufficient
For the city. G.. w Emerson, quar-
termaster for the reclamation service
testified that during last season water
'ad been available for many of the
@arties whose names appear as plain
ifs in the suit, and in most eases
they had used as much as they
.nted. In every case, he said. those