WATERWORKS LITIGATION.
BAY CITIES WATER CO.
The case of Miller vs. The Bay Cities’ Water company, now being tried at San Jose, Cal., involves a very important question. Some years ago the company secretly acquired the greater part of the watershed and riparian ownership of Coyote creek, which rises in the mountains, southeast of San Jose, and passes through that city into San Francisco bay at Alviso. The company began the construction of the bedrock dam to stop the entire surface and underflow of the stream, whose waters it proposes to convey by suitable ducts to Oakland, San Francisco, or any other market. The plaintiff Miller, owns some of the low lands below San Jose, which depend for their water supply, it is claimed, upon the underground flow or percolating waters from Coyote creek, and the suit is to enjoin the building of the proposed dam. The evidence is claimed to show that at the point where Coyote creek debouches from its gorge, there was formed in some prehistoric period a clay “fan” virtually impervious to water, or, at least, the waters of the creek sink into the gravelly soil along its course, through which they find their way, by percolation or underground flow, to the low lands, Miller’s district where at one time, and, perhaps still, they formed the source of artesian wells. Whether since so many wells have been opened, they continue to flow, there is no information; but the waters, at any rate, supply seemingly inexhaustible sources for pumping, besides penetrating and fertilising the entire plain. It is claimed that if the dam is built as proposed, and the water of the creek prevented from flowing through their accustomed underground passages, the entire valley will become dry and sterile, and the farms and orchards valueless. The case will doubtless be appealed to the Supreme court, which, in view of various recent decisions, may decide against the water company.
OMAHA, NEB.
An Omaha, Neb., correspondent writes that the local water company is resisting the motion of the water board, in the injunction case in the Federal court, that the company show its books to prove its assertion that its rates are not too high. The company will fight that motion to the Supreme court of the United States, if necessary, and if it is possible to do so. Years ago the city of Omaha, in contracting with the then company, adopted a scale of maximum rates which could be charged for different classes of servcie. That was fair enough when Omaha was a very much smaller city; but during the last twenty years its growth has been rapid and large. In fact, the company has thousands of customers today where it had hundreds then. Its plant has been enlarged and improved until it is now run with minimum expense and maximum profits. Yet the company charges the same rates that were in force twenty years ago. It insists that these are reasonable. The water board contends they are too high, and has made an order reducing them slightly in some classes of service.
The company in its turn gets an injunction, but declines to show its books to prove its contention.
