The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-04
WATER R LIGHTS
ARE PROTECTED
Conference in Gay At,orney
Office as to Acquisition
oi Dock.
NO BARRIER TO PURCHASE
Belle Isle Owners Willing to
Waive Certain Pend
ing Claims

= Tentative plnns were perfected at
II runfcrcpcc held In the Office nj Cit,
! AttornrH Pollard .cstcrdn> for set
tlcmrnt OF the dispute nncctin. the
WINTER rights Of the itichnond Dock
M thai the cit. INA. nj once proceed
with the purchase, Improvement and
usr of the property. The pinu> WI
! br admitted TO a special meeting of
the Committee ON Finance tn be held
ut " o'clock this afternoon. nnd II
Improved, VIII he forwarded to ~
special m"etinl oil the Common C"un-
ell called for Tonight NJ u'ci"ck, to
tnkc up this particular matter. The
city's option thu dock prupcrt!
viii expire uc1t week. thut II
the matter of water rights j. dch-
nltciy SccttIch, the city bns hat 1T
tic tfmc In which to perfect rs pur-
chHsc.
I, will DC remembered that tic
city Attorney reported 10 the last
meeting of the Council tha, the real
estate title to the property was with
on, faw having Recently been con
iirmcd by the Chancory Court, but
that thee water rights had been cali
cd into question in two suits now
pending
Affects ENcens Only.
The most important of these suits
J is that of the Old Dominion Iron and
Nail Works. against the Chesapeake
and Ohio Railway Company. In which
II is contcnded that the railway COM
pany is iniuring thu riparian rights
OF Belle Isle by Withdrawal OF water
from the river at Bosher's Dam. when
only returns TO the river below the
island. The case has becu fully ar
sucd and submitted TO Judge Crump
for a decision. In It's biz Tho Old
Dominion Iron and Sail Works
| claimed everything, asserting that the
Chesapeake and Ohio had no right
to withdraw any water not returned
to the river above Belle Isle.
Had this been sustained the Chcsd :
pcake and ohio could not furnish the
city with water for pumping purposes.
nor could 1t supply water under con
tract to the Gallego Mills and other
manufacturing enterprise and TO the
Richmond Dock. which marks the
lower end OF the canal system
In argument. however. the attorneys
for the Old Dominion Iron and Naii
Works did not take as extreme posi-
ton as indicated In their bill In chan
Gerry. They facility admitted tho valid
ity OF old contracts and rights BY
which the Chesapeake and OHIO was
entitled to Withdraw a certain number
of gallons per second from the river
at Boshcr's Dam. In accordance with
what IL has been doing for the past
half century. but conterdsi that recent
| improvements. raising the dam and
dredging the canal had resulted In the
wit hdraway OF more water than these
! old contracts cntitic !; TO The real
meat OF the controversy therefore is
said to be as TO tho excess water al
| legged TO be withdrawn
Willing to settle.
The Citv Attorneys Office mas bcen
| informed that the Old Dominion Iron
and Nail Works is willing 10 mako "A
declaration of record to he effect that
| it admits the rights of inc Chesapeake
and Clio to withdraw the old fixed
amount of water and no more That
amount would be ample for operation
of the dock. and such n declaration. 1t
| is believed, would amply secure TO the
| city it's water rights III The event that
! il acquires the docks, wIich carry with
| them perpetual contract with the
! Chesapeake and Ohio Railway Com
pany for supply o; water at e level
fifteen feet above high tide for the
operation Of the dock property.