The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1934-06-22

their fair share of the water"
THAT is a contingency which will
never occur, Mr.. Gagan. Those waste
lands. even with irrigation, will never
attract anybody"
I'VE will 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 check for the cost of
this interview and forget your irriga-
ton project"
Babson drew sheet of paper toward
him and made 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
Pam" 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 it from Eden Valley.
Thence laterals from this main canal
will lead the water over some thirty
thousand acres Of FOrlorn Valley.
There is 10 per cent slope"
And your diversion dam would be
in the public domain, Ell? 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 DOMAINE"
Babson smiled. II feel assured we
can 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-
ton with the Department Of Interior
by claiming you are diverting water
from riparian lands to non-riparian
age"
"But we will not divert their share
of the water, Mr.. Gagan. Our plan is
to divert only that portion of the flood
or waste waters allocated to US by the
division of water rights. which is un-
der the control of the state water COM
mission"
THAT will be fine, provided you can
get away with it," the lawyer replied
dryly. "My partners and l have con-
sidered this new law very carefully
and it is our opinion that it is subject
to successful attack, by an energetic
and belligerent RIPARIAN owner, as un-
constitutional"
tits been on the statute books FIVE
years." Babson challenged. -Why hasn't
it already been declared unconstitu-
tional?"
Probably because nobody has pressed
the point Lawyers who could be en-
gagged to tackle such a tough fight are
high-priced, and the men who would
engage them usually cannot afford
them. So the victims make the best
of the situation and get along on the
amount of water allocated to them by
the state water commission"
"Tichenor and the Kershaw girl will
not fight u.s." Babson declared con-
fidently.
Nevertheless, if they're smart, they'll
fight you. From what you tell me,
these people come of fighting stock"
"Well, suppose we lose" Babson
countered. 1.-THE district can still get
rid of them by condemning all their
lands water rights and buying them,
can't it?"
Eyes, of course. But you'd still have
the power company on the creek below
you, clamoring for more water than
they would then receive"
wouldn't the state water commits.
sion have to adjudicate the quarrel?'
Again Gagan smiled his enigmatic
smile. 81 suppose so. Still, with
these two riparian owners eliminated
by condemnation suit, the issue
would lie between you and the power
company and if, as you seem to think,
there is water enough for both, COM
promise should not be difficult to
reach"
nh D.
son answered doggedly. thinking of the
mortgages his bank held on dry-farm.
ing lands in Forlorn Valley. Once he
succeeded in getting surface irriga.
ton on those lands their values would
be tsbilized-likewise the value of his
banks capital stock.
Having gorged himself with legal
information on every angle of the stu.
alton that confronted him, he paid his
bill and returned to Valley Center in
great good humor. He had boiled the
issue down to its essentials. The wa.
ter would cost nothing save the ex..
pense of leading ii to Forlorn Valley
or, If Nate Tichenor and Lorry Ker.
shaw should oppose him successfully,
he would have to buy them out via the
condemnation suit process. If his
plans matured in advance of those OF
the power company he suspected OF
interest in the Eden Valley water, he
was safe. If they didn't he would still
not be ruined. And once safely out
of the unpleasant situation in which
he found himself, he cared not a fg
should ruin overtake the district sub
sequently. he told himself it was high
time he liquidated his various interests
and retired on the income from his
capital.
The hank was closed for the day