Untitled

Ashburton Guardian, Volume XX, Issue 4476, 23 April 1898, Page 2

— — Conference of County and Borough Councils. At the meeting of the County Council yesterday, which was attended by all the members of the County Council, the Borough Council attended to ait m conference with the County Council on the question of the Borough's waier supply. The Borough Councillors present were — Th« 3 Mayor (Mr Charles Reid), and Crs. Baker, Paul, Bird, Thomas, Orr, and Collins, with Mr Fooks, cli f engineer. The Chairman of the County Council having invited the visitors to state their case, The Mayor said he was nob able to, state to them anything that was new, as the County Councillors all knew the position of the Wakanui Creek, which had been before them on many occasions. There was great uncertainty m regard to creek affairs, and the Borough wished to have i hings definitely settled. The borough had had the supply from the mill intake for many years, bub there was much dissatisfaction about the tenure, and thingß had occurred recently that had impelled the Borough Council to take action wiih a view to securing a supply of water over which they could have some . control. They had decided, if possible, to take over the present water supply from the intake to the mill, and m doing so to make use of the Public Workß Act ; but after reaohing the mill the County Council would be asked to take the race over down to the sea for the benefit of creek settlers. The Borough Council were willing to cooperate m any way with the County Council with a view to putting the Borough's tenure of the creek on a sound basis; The present supply waß good enough for the borough, provided that the munioipal authority had control of it. There were a number of easements that would fall m m a few years, and the Borough Council wished to make such arrangements as would secure that the borough could not be left without water at any time, because it pleaaed some one higher up, or between their intake and the river to shut off the water. The borough was willing to bear its share of the cost, as the Council thought of going m for more works m connection with the borough, and as those works would probably make larger demands upon the water supply, the Council desired to have plenty of water to meet those demands. The municipality had certain powers m the matter of taking water, but the Council had no desire to come into conflict with the County Council provided an arrangement on a sound basis could be come to. The millowners had given the Borough Council the same offer as they had given to the County Council, and the Mayor was m the belief that if the borough contributed to the maintenance of the supply there would be left a good thing for both bodies. The Chairman assumed there was no trouble at present, but that they feared trouble m the future ? The Mayor said the real fact was that they wanted to raise a loan, and wished to remove the possibility of trouble m "the future over the water, and desired to make their right to and control of the present Bupply unchallengeable. At present they had no control over the water. They had it on rent, and were paying an annual sum for it, and a9 the easements were soon to fall m an element of uncertainty was left on the minds of councillors and ratepayeis. In asking the ratepayers to consent to a loan their object was to provide concrete channelling m a great many more streets than now were supplied with channelling, and water to flow m those channels. In fact the loan would enable them to channel all the streets, but to supply those channels with a liying stream of water m each meant a very largely increased supply of water. The Borough Council ot course knew what they had to pay at present, but there was no saying what they would have to pay wh«n the easements fell m. The Chairman said he thought the action m this matter of the Borough Council waa premature. The County Council had shown no disposition to oppose the Borough Council m regard to their water supp'y m the past, and at present things seemed to be going all right. Therefore," he thought; i the time to take any other action would be when the easements fell m, Cr Thomas said that at present they held the water on sufferance and haa no control of it whatever. The loan was intended to provide a good many things, but, inter alia, the borough with a permanent tupply of water m the town ohaunels, and the easements provided that the water could be altogether cut off at three months' notice, If once they got the matter on a permanent footing they would . get rid of all uncerla:nty about it. The Chairman called attention ta the three months proviso mentioned by JMr Thomas. He had not known of the existence of this. But perhaps thoy would remember that two year< ago, when the creek matter [was before the council frequently, the council had passed a resolution by which water could be supplied to the borough and Allenton district from an auxiliary channel. This resolution had been passed m March, 189§. Since then, to oarry out fihis resolution, the council had secured land under the Public Works Acb, by which th.c County Council wa3 enabled to get water independently of the mill creek, so that there was no danger at all of the three months' notice olause affecting the borough injuriously, a3 the water could be brought down this auxuliary channel m a fortnight or so. But the deputation had not come to the real object of their interview. At least that waa his feeling. The borough had had a good Bupply for many years, and had not been interfered with by the council or any one elee co far as stopping the supply went. The present supply could be gauged by the engineer, and the County Council poujd easily guarantee that so long as there jya's enough water m the river, thera wouldbe plenty for'the borough* Jf there was not enough they would get a 'fair share of what was there. He thought it would be better for the borough representatives to make a clean breast of it and say what

they wanted. If it was an increased supply that was desired, they should say so, as m view of the agitation to extend the supply to accomplish irrigation it was perhaps the borough's fear that there wou^d be a shortage m the borough's supply. Or Thomas said, he wished to amend his remark about the three months' notion Ifc wag not so good as that, as he had ju9b Jearned tttab tt\p water .^ould be fmrned off at a moment's notice, and that was not a dice position to be m; The Mayor said it was control more than anything else that was wanted, and as the Borough Council meditated greatly enlarg-ng the channel works of the borough, which wou?d entail a large draft upon the river, they would like to ensure* a permanent and inalienable slipply for the enlarged works, so that when they went before the ratepayers they could offer them something definite. 1 As it was things were just now unsatisfactory and uncertain. The jQhairmau recognised that there was unrest, but if the County Council proceeded to make the new intake it would be for the settlers of the county as Yell, asd not spepially for the borough. If it were made, the arrangements would b,a m the direction of giving the borough the assurance that, so far as lay withing human foresight and control of the works, the supply would be not lesß than bo many inches. But the Council could not control the natural supply m the river itself. Divided ppntrol would be injudicious because 1 it might become troublesome. The County Council was charged with the duty of conserving the rights of the ratepayers to the community, and the borough contributed no rates at all to the county funds, and the County pounoil?fl (|rst duty was to see to the rights of the county ratepayers. His personal opinion was that divided control would load to conflict, but the | question could be discussed after! He would ask Mr JJaxter to state" how the question of water supply BtqodB tqod as between the couuty'a ratepayers m Allen ton and the borough.

Mr Baxter said that Allenton received* about one fifth of the supply of the borough*

I The Chairman said tfiere wejre otfyer questions involved. The county had maintained the connection of bhe south branch with the north at some expense, and but f,qr this the borough would often have had to go without, and then supply would have gone long ago ; it was only 1 kept up b,y the County Council, and if it had nob been kept up the' borough's supply would long ago have run dry* If the application had come lor a certain measured supply the County

Council could have met th 6 case and still ' ke{.t control of the supply. The Mayor said the Borough Connoil had similar powers under the Muncipal Corporaions Act, to those possessed by the County under the Counties Act The Chairman— Within the borough only The Mayor— Oh no— outside as well, and knowing this, the Borough Council came to ask for the County Council's help m this matter The Chairman— Have you the clauses of the Municipal Corporations Act at hand on which you found this claim The Mayor— Yes, we have the Act here, and I will read clause 316. (The Mayor rtkd the clause which, condensed, gave the Borough Council power to construct waterworks for the supply of pure water for the use of the inhabitants of the borough, aud may purchase or take under the provisions of the Public Works Act, 1882, land within or beyond the borough, (or) the waters of any stream within or beyond the borough) The Chairman ;did not diepute the powers of the Borough Council, but they were all permissive, and subject to any greater authority. By special act the Ashbutton County Council had full control of all the rivers m the county, and this being bo the Borough Council could not take a gallon from any of those rivers except by arrange* menfo with the County Council- The latter had given the Borough Council water for years, and would doubtless continue to do so, but the Borough Council had no right m the face of the County Council's own act to take a gallon. The County Council's powers were full m regard to all the water. The Borough Council's powers were certainly large, but they did not extend to a single gallon of the water m any of the county rivers without the County Council's consent. It was better that the position should be known, and that wa& the reason why he had expressed himself m this way. It was probably the fear of the irrigation movement that had caused the Borough Council to be anxious i about the matter Cr Orr agreed with Mr Wright that irriga- ■ tion had a good deal to do with their appeari \ ance before the County Council that day, ; and it was thought a conference was the best [ way through which to meet the County ■ Council. What the Borough Council would j like was full control of their present supply i from the intake to the mill, hoping that the I County Council would assist by taking . charge of the water from the stone bridge to i the sea. The light thrown on the subject by a the Chairman showed that the County . Council had full control |of the water m the ] district, and this light considerably altered 3 the position of things. Probably the i Borough Council were perfectly safe m the 3 hands of the County Council, but the reprei sentatives of the borough would much rathei 9 haye the control of their own supply m their I own hands Cr Collins said the object of the Borough a Council was to make some arrangement by i which the control of the supply should be placed m their hands. He understood from t what the Chairman had said that it was o impossible for them to go to the Ashburton c river and take water from it without c arrangement with the County Council. Ii t the chairman's contention was correct thet y the Borough Council had been disabused o: d a belief they possessed. The Borougl r Council had the right of the millownera ot Q one side, and the claims of the Wakanu c Road Board on the. other, the latter raisins q questions about the maintenance of bridges tt and threatening to stop the mill supply bj c injunction If that came off, then th< , s borough's supply would be stopped If th< r, contention of the Chairman was correct) thei I, there was only left for the Borough Couoci o to meet the County Council and get wha c they wanted, and probably they woul( a meet the borough m a liberal spirit. It wa y the intention of the Borough Council to largel; c increase the channelling m the borough, ani it to get a loan for the purpose, but before the] c oould go to the burgesses it would b ' neoessary to schedule the amount required n and this contention of the Chairman woult l 3 greatly aiter things. Q The Chairman said they need have no fea h about the threatened injunction. It wouli n take some lime to put lhat m force, and th 0 County Council could by that time have th it i auxiliary channel constructed and by i Q avert any possible danger of the supply beinj interrupted. Only two or three weeks woul< d be necessary to bring the water down th< ,1 channel, and the work cquld be done whil 0 the injunction proceedings were pending. 1 Cr Paul had not sat at the side table of thi jf Council all these years without having some 3 . notion of the County Council's right m th Q matter, but he though c the conference wouli 3 do good aa it had opened the eyes of th ,t borough representatives to the powers of thi i. County CounQil and their own. Some tim< ago the right of the Borough Council to thi ie water on Winter's Road had been challenged r but that had been got over: This had cauaec ; . discussion, the result of which had been thi d conference, and it was hoped that at least ai c assured supply would be obtained trom thi il County Council. [. The Chairman said that could only b< c brought about by the engineer's ganging thi Q present supply, and ascertaining what m a excess of that quantity was wanted, and if il 0 was possible to provide it; The supply from j Lake Heron, if it were brought down, would greatly increase the volume m the river and | tend to maintain the supply for the borough, 1 The borough had paid very little m the past f for the water privileges enjoyed, but when 8 the County Council knew what was wanted, 3 it would be an easy matter to say whether oi i not it would be given I Cr Thomas said it had been the opinion oi the Borough Council that the Municipal i Corporations Act gave the borough power to 1 take control of the water as far as it I was wanted — m this case from the intake to T the stone bridge, and the Borough Council I had come to the County Counoil m [ conference to deal with this question. The j statement of the chairman ended the meetly ing as a conference and reduced the Borough - Council to the position of a deputation, but ; they had come to the County Council to get . them if possible to pull with them. : , The Mayor said he differed from the : chairman— with all due deference— in his 1 reading of the Act; If the ohairman's read- [ ing was correct, the then clause of the Muni- , cipal Corporations Ace that he had previously , quoted had no meaning. Believing that , they had the power he had indicated, the Borough, Council had come before the County I Council that day ■ The chairman said he had no doubt as to , the power of the County Council, or aa to ■ stability of its legal position. i ( Cr Thomas said they did not want to raise the legal f uestion* All they Wanted was to . be showii how to get the water', and it would , be their duty to get iti The chairman said he could make no pro--1 mises at present* They had first to ascertain what they wanted, and then the County Council would ascertain if they oould give it.' He had no, doub,t fto to the County Cbunoil'a legal pb'wers, but not being a lawyer he might be wrong " After a few words from Cr Collias The chairman m reply said he recognised the importance of the community of the Ashburtoh borough, and the Council would no doubt deal on'th'e mdst liberal terms with it The Borough Counoil than thanked, the Chairman an, 3 members of the County Council and withdrew, Mr Harper said he was sure they would eoho what the Chairman had said, and he could nob see thab they could offer more to the Borough Council than the Chairman had indicated. Mr Lambie deprecated a divided authority,' He was qertain that the County Council would deal fairly and equitably with the Borough Council, but to guarantee any particular quantity would be injudicious, as they could not control the skies. Mr Williamson said the fact had been overlooked that' the borough had a frontage to the river, and wad entitled to a flow there. The County Council oould not divert the water liigh^r j»p, and leave the frontage dry; The Chairman had not overlooked the fact, but the river did not ruu for the ~?!!?"£!l -w"; w'db muat be kept running for all. Mr Williamson pointed out that the millowners had pqwer to shut off the water at a moment's notice, and might do' so' if put to it. The Chairman said a fair sized ditch would carry all the borough wanted, and it could be maole m a fortnight from the auxiliary intake. He thought m any oase, and to meet all qpntingenoies, the auxiliary channel should be cut for the Allenton settlers, and that further developmenti Bhould not be waited for,

Mr Cameron hoped the interests of the mill would be considered Ib supplied a valuable market for the farmers, and was a ueeful public institution. ■ The Chairman fully recognised the value of the mill as a publio institution, bub it was the property of the Assets Realisation Board, and was not to be considered m preference to the interests of the ratepayers. After some further talk, Mr Williamson moved that the Chairman have authority to construct at once the independent intake above Smith's road. This was carried and the council proceeded to other business.