Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-23

w YHEN Silas Babson returned
A/ to Valley Center he brought
wv with him three legal docu-
ments, all undated. One
was petition to the County
Board of Supervisors for permission tc
form the Forlorn Valley Irrigation Dis
trict; another was a formal application
to the State Water Commission re-
queSting the ALLEGATION of the Forlorn
Valley Irrigation District to the food
or freshet waters of Eden Valley Greek
the third was the articles of incorpora-
ton of the district.
The attorneys he had consulted
Messers. Brooks, Gagan 81 Brooks. had
agreed with him that, under the cir
cumStances, his strategy was excellent,
but had taken occasion to warn him
that If Nathan Tichenor and Lorraine
Kershaw should decide to oppose his
proposition seriously, he would realize
that he had fight on his hands be-
fore he got through with them.
Under legislation recently enacted q
State Water Commission had been ap-
pointed, and this commission had con-
troll of the so-called unappropriated
waters in all the streams in this State.
There are undoubtedly billions of gal
Ions of so-calld unappropriated water
in Eden Valley Creek, and there Is no
mission will grant the petition of the
Forlorn Valley Irrigation District for
the ALLEGATION to It Of these so-called
unsppropriated waters.
"As I understand your situation, II
you can get your machinery in opera
ton to enter a condemnation suit be-
fore Tichenor sells his dam site to this
power company you suspect of having
an interest in 1t and before the Ker-
shaw girl sells her lake site to the
same power company. you will, by the
the aspirations of your competitor, and
you may safely accept my assurance
that you can win such a condemnation
suit However, what the proposed ir-
rigation district will have to pay ITCH
enor and Miss Kershaw for these prop
critics is, of course, q matter for q Jury
to determine. Your irrigation district
will have to pay the price within 80
days or forfeit forever its right to ac-
quire the lands"
BabSon nodded his comprehension
and the attorney continued: Your
first choice of an impounding dam is
now owned by Tichenor and the lake
site by Miss Kershaw. If these proper
ties are sold to the power company,
being public service utility, it cannot
be disturbed in its possession by an
other similar corporation. You I'M
cerstand that point clearly?"
Again Babson nodded.
we will assume that this Is exactly
what will come to pass. You will un-
derstand that in the position the power
company will occupy, 1t viii not have
to purchase or condemn any water
rights from Tichenor and Miss Kerr
shaw. The water viii pass over their
ranch lands, Just as 1t has been passing
for centuries. and the power company
viii merely impound it Just above the
point where 1t normally goes to waste
on barren lands which still lie in the
public domain. The Department Of the
Interior, which has jurisdiction over
the public domain, will doubtless make
no objection to the impounding of the
water by the power company. but in
the event that settlers should In the
future file hornsteads on the infertile
lands just below the power company's
dam, the power company will be forced
TO let such settlers on lands riparian
to the old channel Of the stream have
their fair share Of the water"
THAT Is q contingency which will
never occur, Mr.. Gagan. Those waste
lands, even with irrigation, win never
attract ANYBODY"
We will assume you have the cor
AENb N4CNROA1lb. We nave GIECHQY as
sumed that you will not be able to
acquire the Tichenor dam site and the
Kershaw lake site. Now, have YOU an
alternative dam site and an alternative
lake site? Unless you have Just hand US
a check for this interview and forget
sour irrigation project"
Babson drew a sheet Of paper to-
ward him and made a rough sketch of
Eden Valley and the surrounding coun-
try. This portion of the valley, which
Is occupied by Tichenor and the Ker-
shaw ranches, is usually referred to as
the Pam" he explained. This narrow
canon at the head OF the Pan is known
as the Handle. BY cutting a canal
through a pass in the hills on the
western boundary of Forlorn Valley and
installing our hoodgate there, the water
can be led into this natural reservoir
by easy gradient along the northern
base of the hills that form the southern
buttress Of Forlorn Valley and separate
it from Eden Valley Thence, lateraIs
from this main canal will lead the
water over some 10000 acres of Forlorn
Valley. There is 10 per cent slope. +"
And your diversion dam would be
m the public domain. Ell? Have. YOU
suf1cient political influence in wash
ington TO induce the Department Of the
Interior TO grant you permission TO