Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1934-07-12

the Mountain Valley Power c0mpany's
property at my own expense, provided
they will enter into contract to pur-
chase water from me and provided, Of
course, that we can come to terms
My plan is economically sound, and
think they'll be glad to entertain II. :"
''I hope so. Nate, but before you
commit yourself in public ! suggest
that you make certain of your rights.
If were you I'd consult some en-
inent firm Of attorneys whose speciality
Is water law"
II shall suppose can find the
right lawyers in San Francisco"
The following morning Tichenor was
In San francisco and. acting upon the
advice Of his attorney. he sought the
Offices Of Messrs. Brooks, Gagan and
Brooks. Gagan received him and lis
tened without interruption while Nate
outlined the situation.
II know all about that Eden Valley
proposition, Mr.. Tichenor," he then
announced. "a Mr.. Silas Babson, of
Valley Center, interviewed me on the
subject recently. but he did not retain
us. In fact, certain aspects of the ad-
vice l gave him appeared to conflict
with his own opinion of the situa-
ton"
"Well, he's liable to be around later
to retain you. although I hope to re-
strain him by employing peaceable and
profitable measures. Meanwhile, I
haven't any business for you, save to
outline for me the legal rights of Miss
Kershaw and the Bar II Land and
Cattle company in the premises. I'll
pay your fee for that. so please fire
away"
"You can win any suit filed against
you with the exception of a condem-
nation suit" Gagan said.
II was quite certain of that before
l called upon you, but merely desired
to have an expert verify my suspicious.
A non-riparian COMMUNICATIONS
Valleys about to form an irrigation
district on the strength Of a promise
Of the state water commission that It
win allocate to the proposed district
the storm, flood, freshet, or so-called
waste waters Of Eden Valley creek.
Miss Kershaw and I make beneficial
use Of all Of the overflow waters of
Eden Valley creek every spring, and
no waters are waste waters until after
they have flown over our lands. The
irrigation district purposes tapping
the creek near its source in the public
domain and appropriating the food or
waste waters before such waters have
flowed over our lands.
snow, If this Is done the value Of
our ranches win be very much depre-
ciated, because we will be denied the
natural irrigation of a great many
thousand acres Of rich meadow lands
each spring. The constitution of the
United States guarantees its citizens
against seizure and appropriation Of
their property without due process Of
law and adequate compensation Hence,
any state law that contravenes that
right Is unconstitutional
when the federal government Is
sued patents to homesteaders In Eden
Valley 1t did not except the water
right from the land right. In presum-
ing to appropriate our riparian rights
or any portion of them for the benefit
of a distant and non-riparian owner,
the state Of California Is assuming a
right 1t does not legally possess.
snow. I'm not going to start a Bit
ter lawsuit with the Forlorn Valley
Irrigation district shall merely en-
ter a formal protestant when I use
the first person singular mean Miss
Kershaw and the Bar Fl Land and Cat
tie company. Then shall sit quietly
by and watch those idiots bond their
lands. market the bonds. and spend
the money to get diversion dam and
dig miles and miles of main canals
and laterals. Then, just as they are
about to open their floodgates shall,
upon affidavit that the districts ac-
ton is about to work great hardship
and damage upon me. be granted a
temporary injunction by the superior
court restraining the district from
using the water. and ordering It to
show cause. within ten days, why
such temporary Injunction should not
be made permanent The case will
then be tried on Its merits. and shall
probably lose In the superior court.
because the Judge will refrain from
questioning the constitutionality of the
state law. shall appeal and shall
win, and when | have won, the only
legal salvation for Forlorn Valley will
be to buy Eden Valley from US, eithe,
at private treaty or via the condemns
tion-suit route. If 1t wants our water
It must buy our lands-and jury will
set the price"
HE hath taken down the mighty
from their seat and hath exalted them
of low degree" Gagan quoted humor.
ously. "You appear to be something
of financier."
"Just contemplate Forlorn Valley
the money derived from the sale OF
the bonds all spent on a diversion
dam. main canal, foodgates. lat
erals, engineering fees, salaries. and
so forth, suddenly discovering that
after all 1t cannot get the water
that it's all dressed up with no place
IN 90 Whila thov drol In hliccf,,l i,x