The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1931-01-08
MORE TO Do
BEFORE START
ON HIGHLANDS
Interior Department Asks for
Further Rights; District
to Guard Against Loss on
the Project

In the opinion received today
bv the officials of the irrigation
district from the Department of
The Interior it is held that the dis
tr;ct title to the dam at Prosser
Is not sufficient to enable the gov
eminent to develop power, particu-
larlv during the winter months, to
be disposed of by the government
according to the emergency plans
for the Kennewick Highlands un-
der which the Reclamation Bureau
is now working. This does not
mean that the Reclamation Bureau
does not intend to go ahead with
its emergency measures, but that
before it can do so the district will
be required to secure such addi-
tional rights as are necessary to
enable the government to develop
and sell power.
The opinion does not fully state
what will be required of the dis
trict and i will be impossible for
the board to determine what addi-
tional steps they must take in or
der to satisfy tn government
without further communication or
conference. Every possible effort
is being made to bring matters to
a determination in order to pro-
tect the Highlands against any loss
during the coming seasons opera
tons.
The original plans under which
the district acquired the dam and
water rights at Prosser about eight
years ago were prepared by the
United States Reclamation Serv-
ice. The work was done by the
district in close cooperation with
reclamation officials. The plan
then prepared by the bureau did
not involve the development of
power for any purpose except for
strictly district purposes, and par
ticularly did not involve the devel-
opment of power for sale by the
district or the government, there
fore when the district acquired
its rights it was able to save a
larger sum of money by leaving
with the FIGURING mill interests the
right to divert water from the dam
during the winter time when the
district was not using it, and in
the summer over and above 1850
cubic feet per second required by
the district. The districts needs,
according to the Bureau plans at
that time, amounted to 1880 cubic
feet per second. A margin of safe
ty was allowed and the district
then agreed with the mill inter
ests than they could divert such
water as belonged to them over
and above 1850 cubic feet per sec
ond. This arrangement was APP
proved by the Reclamation Bureau
at the time it was made and was
sufficient for all district purposes.
The difficulty now arises from
the fact that the present plans Of
the government include the devel-l
opment and sale of power, which
the department officials hold re-
qulres a greater right than was orr
iglnally necessary or than was orr
lginally acquired by the district
As soon as it is possible for the
district officials to obtain from the
department at Washington def
lnrte statement of their exact re-
qu1rements, steps will be taken to-
comply with them. In connection
with the foregoing it is interesting
TO note that the legal difficulties
IN the way were carefully called
TO the attention of the Special
committee appointed by the Com
missioner Immediately following
the hearing at Kennewick last
FEBRUARY. In a letter from the SEE
rotary of the irrigation district TO
ene Special Committee the follow
ing statement was made: "The
dafn, the water rights at Prossexr
and considerable portion of the
right of way were secured by con-
demnation for the primary pur-
pose of irrigation and not for the
primary purpose of developing
power. | very seriously doubt the
legal right of our irrigation dis
'rict to convey the dam, water
iights and right of way to the