The record. [volume] (St. Maries, Idaho) 1913-1918, 1913-09-23
Washington Water
Power Protests
WILL FIGHT new DRAINAGE DISTRICT
Oppose Dyking, Claiming Use of All Bottom Lands
for Reservoirs

Last Friday was the day set for the
hearing of protests in the matter Of
the petition OF James e. Watkins for
the formation of Drainage District
No. , of the County of Kootenai,
which embraces the low land opposite
the city from the hills on the east to
Butler Bay.
The matter was heard before Judge
Dunn OF the Eighth judicial district
court at Occur d'Alene.
Taylor & Hull Of this city repre-
sented the petitioners. There was
only one protest filed and that by the
Washington Water Power company
and they we're represented by John
Gray and Frank MCCARTHY, attorneys
of Occur d'Alene. After setting
forth the fact that the Washington
Water Power company is engaged In
furnishing electric power to a large
number of parties and that It has
built and maintains a dam at Post
Falls for the purpose Of controlling
the waters of Occur d'Alene lake and
Its tributary streams the protest goes
on to reoite:
''That It is necessary to hold water
upon aud overflow ell parts and por
tions OF lands and premises lying
within the exterior boundaries OF said
proposed drainage district lying be-
low an elevation Of 2l2s feet above
mean sea level.
''That It has acquired as a portion
of It's reservoir the right 20 back and
hold water upon all that land within
said district lying below 2l28 feet.
that practically all of the lands In
said proposed district lles below said
elevation. That said company has
acquired the came for a public use
aud Is 10 possession of them for a
public use and is entitled to the pos
session and use OF the same.
"Wb 7iore tie Washington Water
Power cA9upHuy objects and protests
against ..Zy action in said proceed
ings by which any portion of the
lands held by IL for public use be
included within any such proposed
drainage district and denies the right
Ia this proceeding to deprive It Of it's
said Properly"
The petitioners introduced the re-
quired evidence to the effect that the
creation of the proposed drainage
district would be a benefit of the
health of the community, would add
to the value of property tor assess
ment purposes and would be a bene-
At to the majority of the residents as
we'll as a majority of the property
owners of the proposed district.
The Washington Water Power com
pany produced several witnesses, the
principal one of which was E. II.
Shaw, tneI right of way man, to
prove the coutentions.
It was proved that the company did
not have the title to any of the lands
10 question, that as to that part of
the land formerly in the reservation
their right was the often quoted one
''to overflow for reservoir purposes
granted by the secretary OF interior
In aegard to certain lands owned by
the st. Maries Land company their
right to overflow WAS subject to the
right of the company to dyke against
such overflow and thbt as regards to
certain other lands the company had
no right to overflow whatever.
After hearing the evidence In the
case the oonrt found In favor OF the
petitioners and directed that findings
of facts as above set forth be drawn
up aud that the drainage district be
created as prayed for In the petition.
The 6ndings of facts and order Gre
ating the district was filed In the dis
trict court today.
The next step In the proceedings
will be the appointment Of drainage
commissioners which will be done al
once.
The questions raised aud the oh
iections made by the Washington
Water Power company is very import
ant, not only TO those directly Inter.
ested 10 the forming of the district
but to the whole country and sspso
tally to every settler along the St.
Joe aud Occur d'Alene rivers.
II their contention had been up
held by the court It would hav,
meant that no dykes could he bull
along these rivers and that a large
number of settlers would be deprived
OF their lands aud that thousands oi
acres of the most fertile land IN thl
country would remain practically
worthless.