Evening journal., 1914-03-27
.ReckEoRp DAN
tcontlnued From First page.l


ie Jessup and Moore Company is
he owner of the balance. The city
II Wilmington, as the riparian owner
at the third dam. was, and still is,
entitled to one-half the flow, and the
Lea Milling Company, as the ripar-
ian owner on the other side Of the
creek, was, and still IS, entitled to
the other half OF the flow Of the
Brandywine at that point.
"For many years prior to 1895, the
time at which the limits of the city
were extended so as to include the
Bancroft Mills, the Bancroft Com
pany had been taking its water at a
point several hundred feet west OF its
mill and, inasmuch as under the
agreement of July IL, 1908, a certain
portion of the water taken from the
Brandywne would be diverted and
passed around the Augustine mills,
as we'll as around the third dam, IL
was provided IN the said agreement,
at the special instances OF the Jessup
and Moore Company, the proprietors
Of Augustine mills, that at no time
should more than One-half of the
IoW OF the said stream be diverted
iccted sewer This was a provision
inserted in the agreement out of an
excess OF caution. as will be demon
strated by the figures hereinafter
submitted.
sit has been asserted IL the public
press that tests made during the past
summer showed that the flow of the
Brandywine averaged from l3,OO0O00 TO
l5.nOOO0O gallons daily. That these fig
lrcs are inaccurate is clearly demon
.tratod bv reference 20 the table Of
,tream flows Of Brandywine creek front
,ho year 1899 to the year 1909. nclu-
1--WE, adopted by the Water Department
and published in the forty-third report
Of the Board of Water Commissioners
Tor the year 1911 and 1912, at Pages
80 to l60 of that report. An eNamina
ion OF the tables above referred TO viii
show that the average daily flow for the
period covered by the tables amounts
10 about l15,OOO,OO0 gallons. From the
year 1899 to and including the year 1908,
The average daily flow, calculated over
The period Of each month, never fell be-
low 100000 gallons IL is true that,
according To- those tables, the minimum
flow in August, 1905 was 7,000,0O0 gal.
Ions Upon investigation IL developed
that thN minimum daily flow occurred
on one day only and was the result OF
the filling of reservoir at the Rock
land mills of the Jcssup and Moore
plant, when, for period Of seven or
eight hours, no water at all came down
the creek During the year 1909 It APP
pears that the average daily flow m
August was 4700O,00O gallons; in Sep
tember, 45.O0O,OOO gallons; in October,
40OOU.O0O gallons, and that during those
months the minimum daily How was To-
10000. l5,OO0,O0O and l4,00O,O00 gallons
respectively.
As riparian owner, the Bancroft Com
pany was entitled 10 the whole flow Of
tho creek az its mills, and IT could, as
such riparian owner, make use of the
whole flow for any purpose 80 long as
She water was returned TO the Brandy
wine in no material degree affected by
the use. As has been heretofore stated,
the average daily flow through its filters
amounts to something in excess of -
600 600 gallons. For some time after the
agreement of 1908 upwards of fifty per
cent. Of this amount was returned TO the
Brandywine after being used in the pro-
cess OF manufacture, in no respect ma.
terially affected. However, the Water
Department. in the exercise of It's discre.
ton, requested the Bancroft Company
not TO return this water 90 the creek, but
to pass il through the sewer. As re
suit of that agreement OF 1908 and oi
the directions OF the Water Department
approximately 6.5OO.OO0 gallons of water
arc daily passed through that sewer. III,
lalance OF the amount taken from the
Prandywine by the Bancroft Company
was consumed in its manufactory aud il
The supply Of the dwellings upon its Ian,
for domestic purposes. The Bancroft
Company had for years been so consum
ing water for its manufacturing pur
poses and the domestic purposes of tn
houses on the tract of land enjoying thl
riparian rights, in accordance with wha
It believes to be It's full rights as ripar
ian owners.
'By the agreement Of July, l90S, eacl
OF the parties thereto contracted to pa-
$3.50 annually TO the owner OF the mort
long race for the privilege Of depositin
the sewage in that race. and by tina
agreement all objection to the diNersio
Of the water through the sewer wa
waived provided that the water 30 di
yerted should not amount to one-half 9
the flow of the Brandywine.
"An examination of the city record
Of rainfall discIoses that there was onl
9.62 inches rainfall Jring the month
OF July. August. September and Octobe
Of that year. II viii be seen that th
ziaimum daily dow m November Of tina