Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-06-24
Pine City Water
Project Is Vetoed
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three hundred thirty-four and 54I10O
($44 ,334.54) dollars, for the acquisi-
ton of the said lands and easement,
and also under the authority of a
resolution of the state executive coun-
Gil passed on December 16, 1886, in
structing the attorney general of the
state to acquire the said lands and
easements.
| Messrs Ordner T. Bundle, deputy
attorney general, and Norbert Will
werScheid, assistant attorney general,
appeared for the petitioner; Messrs
Kyle & Kyle of st. Paul, Minnesota
by John P. Kyle and S. c.. L. Roberts
of Pine City, Minnesota, appeared
as attorneys for certain respondents
named in the written objections filed
on their behalf herein, and X. G.
Neumeier of Saltwater, Minnesota,
appeared as attorney for respondent,
William M. Challeen, as administra-
tor of the estate of O. M. Challeen
deceased, and Albert Johnson as
county attorney appeared for re-
ISpOnQent zine county.
Now, after hearing the evidence
and arguments of counsel, and read
ing the briefs submitted by the petit
toner and by the respondents rep
resented by Kyle & Kyle and S. G.. L.
Roberts, the court finds the following
as facts:
Findings of Facts.
Cd The petitions do not disclose
that these proceedings have any con-
nection with any work or other pro-
| ject, but the evidence shows that the
construction of a dam in the Snake
river short distance below or down
stream from the outlet of Cross lake
was commenced by the Works Pro-
gress Administration of the United
States on the twenty-fourth day of
August, 1886. At the time of the
trial of this action the dam was nine
| ty-five per cent completed. The said
dam is located on the site of the old
Chengwatana dam, which was ordered
abated in the case of Simons VS..
Munich, lis MINI. $780, No lawful
whatsoever cPPCdlS III
the construction of this dam. A tenn
pOrary permit was obtained by the
Works Progress Administration from
the Eastern Minnesota Power corpor-
alton, the owner of the lands on both
sides of the Snake river at the point
where this dam is constructed, to
construct the dam. This new dam
is intended to, and will, impound
the waters of the Snake river so as
to overflow or damage the three thou
sand acres of land sought to be con-
demned in these proceedings, and
probably other lands. The locality
through which the Snake river runs
is flat, and the inundation which will
be produced by this dam will extend
ten miles up the river.
Will Flood Land.
| (2) About 1870 feet down stream
from the said new dam is dam of
the Eastern Minnesota Power Cor
poration, on the Snake river. The
lawful existence of this dam is not
involved in this proceeding. The
said power company dam is equipped
with movable flaShboardS. The ele-
walton of this dam with its flash
boards is 93325 feet above sea level
Even at this elevation this power
company dam in flood times causes
the overflow of considerable areas
of land and town and county roads,
in this locality. The dam constructed
Nv I,o II ;,,;c
ton with flashboards has an elevation
of 1858 feet above sea level, and in
normal stages of water will raise the
level of the waters impounded by it
more than two feet above the level
created by the power company dam
in the same stages of water. The
said dam will also produce what is
known as a swellhead, and will cause
an elevation of an additional foot of
height in Lake Pokegama, diminish
/ ing downwards towards the dam. In
flood times the water level will be
raised by this new dam to an indie
terminate extent higher, depending
upon the volume of flood water.
Will Aid Power Company.
(3) There is a sluiceway connect
| ing the new dam with the turbines
of the Eastern Minnesota Power Cor
poration lower down the stream. The
new dam is so constructed that the
| impounded water can be turned into
this sluiceway and can be made
available to the Eastern Minnesota
Power Corporation for water power,
and as the quantity of water i'm
pounded by the new dam will be
much greater than that impounded
by the power company dam, the water
power available from the new dam
will be CORRESPONDENCE increased.
(4) This new dam will cause enor-
nous damage to county and town
roads. There is, however, some un-
derstanding with the Works Progress
Administration that the damage to
the town and county roads will be
repaired by it, but no enforcible
agreement exists. No estimate has
been of the extent of the damage,
nr of tho oOcf Of Tho ,o,o;r. ooI