Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1934-04-12

YOU Eau get youI mucnlHeTy Ill opcia
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
filing OF that suit, automatically ruin
the aspirations OF your competitor, and
you may safely accept my assurance
that you can win such a condemnation
suit. However. what the proposed irri-
cation district will have to pay Tiche-
nor and Miss Kershaw for these prop
critics is, OF course. a matter for a
jury to decide. Your irrigation district
will have to pay the price within
thirty days or forfeit forever its right
to acquire 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. II these prop
critics are sold to the power company.
being a public service utility. cannot
be disturbed In Its possession by an
other smaller corporation. You under
stand 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 will not have
to purchase or condemn any water
rights from Tichenor and Miss Ker-
shaw. The water will pass over their
ranch lands just as It has been passing
for centuries, and the power company
will 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 wa
ter by the power company, but In the
event that settlers should In the fu-
ture file homesteads 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.n
THAT Is a contingency which will
never occur, Mr.. Gagan. Those waste
lands, yer with irrigation, will never
attract anybody"
4We win assume you have the cor
rect viewpoint. We have already as
sumed that you will not be able to ac-
quire the Tichenor dam site and the
Kershaw lake site. Now, have you an
alternative lake site? Unless you have,
Just hand us a check for the cost OF
this interview and forget your lrriga-
ton project"
Babson drew q sheet of paper toward
him and made a rough sketch OF Eden
Valley and the surrounding country.
This portion of the valley, which Is
occupied by Tichenor and the Kershaw
ranches. is usually referred to as the
PAN" he explained. This narrow can
yon 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 fiood-gate there, the
water can be led from this natural
reservoir by easy gradient along the
northern base Of the hills that form
the southern buttress OF Forlorn Val
ley and separate 1t from Eden Valley.
Thence laterals from this main canal
will lead the water over some thirty
thousand acres OF Forlorn Valley.
There Is a 10 per cent slope"
And your diversion dam would be
In the public domain, eh7 Have you
sufficient political influence In Wash
ington to induce the Department of the
Interior to grant you permission to
erect such a diversion dam, dig your
main canal and impound your water
In the public domain7"
Babson smiled. i feel assured we
car work that game through our local
congressman and SENATOR
Nathan Tichenor and Lorraine Ker-
shaw" Gagan reminded him smilingly.
"They own lands riparian to Eden
Valley creek below the proposed diver
sion dam and may block your aspira-