Evening journal., 1916-02-14
RECOMMEND BUYING
OF WATER RIGHTS
Commission Says CityShould
Own All Privileges in
the Brandywine
DIVERSION OF THE
SUPPLY DISCUSSED

The Board of Water Commission
ers in session this morning ordered a
reply sent TO City Councils recent
communication regarding the diver
sion OF water from the Brandywine
by the Joseph Bancroft and Sons
Company is a violation OF law and
the effect OF such diversion In years
to come on the city's water supply.
The letter, which goes into the ques-
ton Of local water rights. and recon-
mends the purchase OF such rights
from the Lea Milling Company, fol-
lows:
February Il, 1915.
To the President and Members OF
City Council, Wilmington, Del.
Gentlemen:
We are in receipt OF your letter Of
] the l1th instant together with certi-
fed copy Of your resolution OF Febru-
airy 10th, reclting parts OF Consulting
Engineer George W. Fuller's report
on present conditions and needed
improvements TO the water supply OF
the city, and prOpounding TO this de-
! partment two questions: The first OF
these inquiries. rs the pollution and
diversion Of water from the Brandy
wine creek by the Joseph Bancroft &
Sons Co a violation OF law"
The members Of the present water
commission, as we'll as members OF
previous commissions. have given con-
siderable thought and investigation TO
this subject. We have had confer
ences with representatives OF the Jo-
seph Bancroft & Sons Co.. the city
solicitor and a special committee OF
City Council. We have found the sit
uation was quite an involved one from
legal standpoint. and that only a
careful examination OF riparian rights,
existing agreements, etc, could de.
termine its solution.
This examination is outside OF the
duties, and even the ability. of the
Water Commissioners to conduct, and
would have to be done by some mem
Der of the bar This commission
therefore addressed to Council. under
date of March IA, 1914. a letter. to.
gether with a report of It's engineer.
which letter and report were an turn
referred by Council to the city solicit
tor for an opinion. This board hav-
ing no formal reply from the city So
!. licitor regarding the subject matter
s Of the report, a communication was
AAuANNNfh w MAAh An ANhhMnf
May Z. 1915.
Mr.. Daniel o. Hastings. City Solicitor.
Z Wilmington, Delaware
10 Dear Sir-At a meeting of the Board
e of Water Commissioners yesterday af.
r ternoon. the question Of your decision
l. on the Water Rights Controversy was
le discussed. The commissioners are ex
l tremely desirous OF obtaining your
" opinion in the matter before the enc
rc OF the present fiscal year tJune 80
re 1870. as your failure TO do so nigh
ne be construed by uniniormed persons a
he rejecting upon the integrity Of on
re of the members OF the board.
Yours very truly.
he (Signed) e. NJ. HOPES. Jr.,
.o Chief Engineer.
In We have also no formal reply "a
.ol this latter communication. and think
that an answer 10 your first question
y which Is entirely of a legal nature,
e should be obtained from the legal
m representatives Of the city, and not
N from laymen whose opinion would
certainly be without weight in a
y court of law.
l. The second question which you
e addressed to us is: IF the Joseph
e. Bancroft and Sons Company were
restrained from polluting the water
u taken from the Brandywine creek.
p and IL the five or seven million gal
p Ions of water daily polluted and di-
verted through the sewer into Lea's
race, were to flow into the city dam,
would there be any necessity for
years TO come to acquire the Lea Mill
ing Company's water rights or any
other rights Of like naturew
!. To this we would answer that there
Y have been In the past some few IN
stances after continued drought, when
the city needed more stream flow than
N Il received. The commission Is OF
the opinion that at no time does tho
flow available for city pumping eQua
one-half of the total flow az the clty
dam. This arises from the present
j. construct on of the head gates, ths
j. natural channel of the stream, anC
the diversions into the Lea Race O
most of the waste water from tn,
Joseph Bancroft and Sons Compan,
Il and the Jessup and Moore papel
ia mills.
!, The natural flow Of the stream is fun
ther affected by ponding of the waite
y by upper riparian proprietors The pres
= ent commission, therefore, unanimousl
# agrees with Mr.. Fullers opinion tina
il is desirable for the city TO own III
l. entire rights at the city dam, whic
Is would somewhat clarity the preseu
e situation.
e II, therefore, the rights TO the streai
q flow now owned by the Lea Milling @
" lone-halfl can be obtained for a reason
.e able figure. the commission would re,
/ ommend TO Council their purchase b
e the city.
In explanation Of the item Of Si50,00C
o which is our estimate Of the value q
these water rights, we would remin
e You that several years ago the cit
= could have purchased the entire prop
r erty Of the Lea Milling Co, so we ar
informed, for S200,000 The total as
II sessment of the Lea Milling Co.
10 S64. .l54. This includes everything eX
cept the water rights, which have neve
~ been assessed, and upon which no Ia,
NJ other subscribers, among whom are th