Hungahunga Drainage Board.

Te Aroha News, Volume XXVII, Issue 45209, 5 April 1910, Page 3

Hungahunga Drainage Board.

At the meeting of the Board held on Saturday there were present: Messrs T. Hanna (chairman), Hugh Magill, Orr, Franks, and Wild (Clerk). Mr Edward B. Chudleigh attended in regard to his lodgment of protest re the Board’s diverting the waters of the Waihekau to the Piranui stream. We give the letter verbation : Oungomairoa, Waibou, April 2nd., 1910.—The Chairman ot the Hungahunga Drainage Board, Dear Sir, —It was only on Thursday March 31st, through the medium of th 9 “ Te Aroha Mail”—[The information referred to appeared in the News of March 22.— Ed.] —that I became* aware of the action of the Hunaahunga Drainage Board called by the * Mail ” the Waihekau Agreement. It is with the last two or three lines of Clause 6

W that I wish to take exception, viz., “ The Board will block the waters of the Upper Waihekau within the Hungahunga Drainage district at or immediately below the point where there now issues from the Waihekan stream the Board’s crosscut conduc3ii?g such waters to the Piranui stream, .And so far as possible under the old liability for extraordinary flood damage, the Board will keep, and maintain such crosscut in good repair.” It is beceuseThe Board undertakes to keep and block the Waihekau waters from ever again flowing down their natural channel through all time that I am compelled to take serious exception. I do not dwell on the questionable wisdom of diverting the waters of any stream into another. I object to any action that binds a community to keep the water of the Waihekau out of its natural channel for all time. I object as a matter of principle and public right and in the interests of posterity as well as my own, for the day may and possibly will come when I and those below me may greatly need the flow of the Waihekau through our properties, and then it will require an Order-in-Council to get back our own—a valuable possession that is now to be ceded without, I submit, any legal right or adequate recompense. It is not the present blocking of the Waihekau nor the diverting ,of its waters, however illadvised, that I object to, but the ceding for all time a valuable right and that, a public one. I hope the Board will see its way to prevent any such step, which 1 and many others consider to be illadvised in the present, and becoming a public wrong in perpetuity.—l am, Sir, Yours faithfully',—(Signed) Edward R. Chtjdleigh. Mr Chudleigh substantiated his remarks. He pointed out that because the water was not needed now that was not to say it never would be. He was of the opinion it would be wanted at no distant date—in fact it would have been acceptable this summer. The Board should not have ceded its right to interfere with the Waihekau, for no one knew what circumstances might arise. Mr Magill : Is it your intention to take steps to upset the Board’s decision ? Mr Chudleigh : I am not prepared to answer, that question at the moment. The position I take up is that the concession you have given outweighs the advantages. The Chairman : We were under the impression that you urgently needed this outlet, and it was with that view that these 'steps. Furthermore, we gSpPMtiaigned the agreement, and attached ihe Board’s seal thereto.. You should consider the seriousness of upsetting anything the Board has done. It does not interfere with you at all. The only drawback is that you may run short of water in the summertime. Mr Chudleigh : It is that very right that I would urge the Board to keep in ■|C o their own hands, and not cede one single right that is vested in them to anybody. The Chairman : In the first place perhaps you are not aware that the settlers objected to our letting the waters down there. Mr McKenzie went fully into the matter and suggested our making the Piranui the main outlet. Mr Chudleigh : You should have shown him that the Waihekau was the main watercourse and it shculd have been taken. The Chairman : The majority of the water goes down the Piranui. The Waihekau is practically ODly a drain. The swamp wa9, and always has beeD, a dead level, before any drains were started through it, and personally I think the water percolated through to the Piranui rather than to the Waihekau. The Waihekau has never been a definitely defined creek. Mr Chudleigh : That is a matter of opinion. The majority of the settlers in the district consider that the Waihekau was the main creek from Matamata down. . It was spoken of more than the Piranui in the old days, so that it must have been of more importance then. The Chairman : If that was the case, why didn’t it dig a deeper channel for Itself and leave a bigger mark ? Mr Chudleigh : That is purely a question of the nature of the soil. Mr Magill: Mr Hanna and I tramped about all over the place for two days and could not find the course at all. Mr Chudleigh : Thirty years ago we did the same thing, in searching for the Waihekau ! The place was a lake. You Btruck the stream only in sections. The old identities right up to Matamata said it was the Waihekau. When I put in my first drain it was simply a blind feeler to see where the creek was. But there is no need to go back to ancient history. Mr Magill: You quite understand that Mr Laird is wholly indifferent whether the matter is settled by Agreement or by a Court of Law. He would be willing to abandon the Agreement and take the matter to Court. The Chairman : What about the contract ? Mr Magill: The work has not been started yet. The Chairman : I understood it was to commenced last Thursday. ' Mr Magill: Well, anyhow, it has not been begun in any way. matter. tfHHKr Chudleigh : "Sou clearly underthe point: It is the giving up of right to open the Waihekau should future ever call for such necessity. day when Messrs Laird and/inyself will wish to have water running through our proThen if there is any opposition it will be next to impossible to The Chairman : I suppose you are this business means hanging up contract indefinitely ? If Mr Laird Ks agreeable to revoke the Agreement |Hand take the matter to Court, a considerwould elapse. Chudleigh; I think Mr Laird see the desirability of having that available. Of course I regret the matter at this late hour, as I explained, I was not aware of it the 31st. The meeting then adjourned for the of consulting Mr G’lchrist. At

a later stage it was announced that Mr Chudleigh had no intention of proceeding further in the matter, but wished his protest to be recorded. —Absentee.— The matter of Mr Waghorn’s absence from four meetings was brought forward. He had not applied for leave of absence. The Clerk : I am inclined to think he has forfeited his seat. He has received the notification every time. The Chairman : It is an exceptional case. His wife has been seriously ill, and he is now in Christchurch. He should have applied for leave of absence. Mr Magill : I understand he is coming back either next week or very shortly. He has been moving about from place to place. Mr Orr: The seat is forfeited for absence of three consecutive times. The Chairman : Mr Gilchrist had better be consulted, and if the matter can be fixed up satisfactorily it will be done. — Mr Gilchrist advised that the seat would be forfeited after the fourth absence. It was accordingly resolved to grant Mr ■ Waghorn leave of absence. —Loan—£looo. Advice from the Treasury stated that another £IOOO loan had been placed to the credit of the Board. —Contract No. 21. J. Lupis asked for an extension of time of one month. The Chairman : The matter is purely in the hands of the Engineer. According to our last minutes we decided to enforce the penalty for overtime. Mr Magill : Tell him to go on and finish the work, and the Board will deal with the extension later. The Chairman : That is practically what I told him.—Letter received. —Contract No. 24. It was decided to ask Mr Lane if he would finish the work for £l4 10s in one month, and to reply within a week. —Contract No 33. — One tender received. E. B. Snow, 21s per chain, accepted. The following accounts were passed for payment : —T. Lupis £SO ; Neve and Farmer £7B ; T. Hughes £52 ; J. Carroll £25 ; M. Gojack £9 ; J. Shea £l2 4/9; J. Murphy £lO 11/3 ; N. Brokenshire £7 17/6; E. Timmins £7 7/6; T. Camplind £6. ; J. Brokenshire £7 16/3 ; J. Timmins £6 13/9.