DRAINAGE BOARD.

Globe, Volume VII, Issue 794, 8 January 1877, Page 3

DRAINAGE BOARD.

Monday, January 8. The Board met at 10.80 a.m. Present— Messrs F. Hobbs (chairman), T. D. Jones, R. J. S. Harman, H. J. Hall, E. G. Wright, A. Duncan, and H. J. Tancred, The chairman said that he had received a letter from Mr Ross apologising for his absence from the Board. The election of chairman had to be carried out sometime during the month, and as they had to meet shortly to appoint a medical officer the chairman might be elected at the same time. The debentures, he was glad to say, had reached home, and the Bank of New Zealand had taken steps for the negotiation of their sale. The auditors had commenced their work. Mr Hall asked whether there was any definite information from Mr Carruthers as regarded the drainage scheme. There had been a considerable delay, and they would have the winter upon them before anything was done, Mr Harman thought that it was highly necessary that the work should be pushed on as speedily as possible. Mr Duncan said the public had just cause of complaint that so much delay had occurred, and he thought that the Board should write to Mr Carruthers, asking him definitely to fix a short date for the giving the Board the details of his scheme. He would move —“That the chairman, on behalf of the Board, communicate with Mr Carruthers as to the earliest date at which the plans will be ready for the work of drainage to be commenced.” Mr Harman seconded the motion, which was agreed to. The report of the engineer was read as follows : “ The secretary will lay before the Board the account of expenditure up to the end of the past year for works, engineering, and material. The works carried out during the past year comprise the temporary work of cutting the B'erry road drain and erecting sixty-three bridges over it, and timbering 400 ft where quicksands were met with ; the erecting of a number of box and pipe culverts for drains, which were unprovided with culverts, or had them too small ; the erection and repair of fences to drain, the, cutting of a number ol new drains, and the clearing out and deepening of all the permanent drains and creeks in the district; this has

lowered the water from one to three feet in the low parts of Riccarton and Avon, and correspondingly in other places, and if kept to the present state of efficiency should have a beneficial effect, both on the land and the health of the people. The contractor for the Avon has got the river into fair condition, md lowered the water two feet. ■•The engineering staff has been employed during the past year in taking a network of levels all over the district, and accurately establishing permanent bench marks, in furnishing the consulting engineer with all plans, sections, and other data required by him, and in surveying and laying down on the maps of the Board all the drains and water courses which were not shown, or were shown incorrectly, on the originals. I submit an approximate estimate of the amount of money which may be required in the next six months, and this includes the estimated expense for’ this year for clearing and maintaining rivers, drains, and watercourses, which I have not altered from the one I submitted in May last. “ The opinion of the solicitor on the legality of clearing a drain on the North belt is submitted, and the Board should direct what further steps are necessary to be taken, if any. “ Mr Hall having procured the consent of the owners to cutting the drain on the south of the Riccarton road, I would suggest that this work be done at once. “ I would also suggest that in reply to the complaint of Mr Cartwright of bad drainage of his section at Fcndalltown, that an existing drain be cleaned out and deepened from the boundary of Mr Boag’s land to the river, and that a cross drain be cut to intercept water flowing from Boag’s swamp over the cultivated ground below. “I have given directions to reverse the drainage from the corner of Riccarton road at the hotel near the park, as referred to me by the Board, so as to carry the drainage to the Park creek instead of to the river northward, the new direction being shorter and having a steeper fall. “ I have the honor to remain, “ 0. Napier Bell, “ Engineer.” The following financial statement was laid before the Board by the engineer ; “ Expenditure on works and engineering to 31st December: —Works Contracts and materials, £1794 4s 8d ; wages, £llO 19s 6d. Total, £1905 4s 2d. Clearing rivers and drains—Riccarton and Avon Road Board, £476 6s 4d; wages, £lsl 2s 2d. Total, £627 8s 7d. Engineering and surveying - Salaries and allowances, £1205 Is 6d ; wages, £27/ 15- fid. Total, £1482 17s. Sundry purchases—Laud, £327 ; cement, £6lB 6s 8d; bricks, £72 18s ; block plans, £lO5. Total, £1123 4s Bd. Grand total of expenditure for year, £5138 14s 4d. Approximate estimate for next six months, £13,000. “O. N. Bell. “ January 6th, 1877.” The clauses of the report were considered seriatim. In reference to the clause aa to the clearing of the river, Mr Duncan »“.id that the work was anything but satisfactory, as there were a large number of weeds floating about p. foot below the surface, which had never been cut at all. The people living on the banks of the river had just cause for complaint, as the river had risen over the land, and there was in some instances no crop got oS the land on account of the river. Mr Harman could quite endorse the remarks of Mr Duncan, He (Mr Harman) had been down lately, and found that there were a number of weeds which had not been cut. The condition of the river was entirely unsatisfactory. Of course his remarks had not the slightest intention to cast any reflection on the Engineer who evidently meant to say that the contractor had done his work so far aa the lowering of the river fairly satisfactory. The river was not at all ia a state in which Mr Bell would pass the work for payment. The Chairman said that the best method would be for the Board to go down the river themselves, and see the actual state of it. Mr Harman said that be would undertake that some of the boating men should take the members down the river, and they would then be able to sea for themselves the bad condition of the river. The clause was then passed, as was also the remainder of the report. The Chairman said that they had the opinion of their solicitor on the subject of Free’s creek, as would be seen it was against them, and he would therefore suggest that the Board should at a cost of about £BO lead the water along the North belt and down Manchester street. It would therefore be aa well to consult with the City Council on the subject, Mr Garrick’s opinion was read as follows “ Christchurch, December 29th. “Free’s Creek. —Assuming this creek to be a natural watercourse, I am of opinion that the Board cannot legally collect the surface drainage in the manner indicated to me by Mr Bell upon the sketch forwarded, and insist that such drainage shall pass down the creek in question without paying compensation to the owners of the land as provided by the Drainage Act, it being a clearly recognised principle of law that a natural watercourse can only be burthened with the servitude of receiving and discharging all waters which naturally flow therein from lands of a higher level, and that ;he surface and rain water cannot be collected together and formed in a concentrated and increased volume down the channel in question without rendering the person or persons so acting responsible for all damage thereby caused to the possessor of the land through which the creek flows. In the event of litigation, questions would arise concerning the legality of the Christchurch City Council in cutting the artificial channel which intercepts the flow of the water through the creek in question, and whether the authority of the Board, under section 34, extends to the creek as an existing watercourse in the condition in which it was when the Drainage Act came into operation, or in its natural condition, as if the Christchurch City Council had not cut the channel intercepting it. On the whole it will, it my opinion, be better to bear the expense mentioned by Vlr Bell, to take the water in the alternative course indicated, than that the Board should be involved in protracted and expensive litigation necessary to decide the question, involved in the judicial determination of the rights of all parties concerned. “F. J. Garrick.” Mr Wright thought that Mr Garrick in this opinion had overlooked the fact that the Board had taken away from the creek ten times as much water as thov now proposed to put into it,

The chairman pointed out that the opinion of Mr Garrick was to the effect that the legality of the course taken by the City Council was questionable. The chairman suggested that it would be as well if the City Council, Packe Bros, and the Drainage Board united in this matter, when the expense would be trifling. Mr Hall moved—“ That the chairman be requested to negotiate with the City Council and Packe Bros for the satisfactory settlement of the question.” Mr Jones seconded the motion, which was carried. It was decided that the chairman submit the agreement for a drain on the Eiccarton road to the solicitor, A letter, dated December 28th, was read from Mr Eolieston as General Government Agent, appointing Messrs H. E. Alport and T. B. Craig as auditors of the Board, A letter was read from Mr Strouts, stating that he was about to publish a map, and asking that he might be allowed to take the levels at the intersection of the streets ns taken by their officers. It was agreed that the request be granted, and that Mr Strouts be asked to furnish one or two copies to the office free of cost, A letter was read from the Heathcote Road Board, stating that they would undertake the work of collecting the drainage rate in their district on the condition that the expense of so doing was paid pro rata by the Drainage Board. It was resolved to accept the offer. A similar letter was read from the Eiccartou Hoad Board, offering to do the work for 10 per cent commission. The offer was accepted. Mr Wright said he now desired to move the following resolution “ That to enable this Board to determine at what point beyond the pumping stations the sewage of Christchurch shall be discharged, it is necessary that estimates be prepared showing the cost (I) of the removal of the sewage from the pumping stations to the Estuary, (2) of its removal from the same stations to the ocean, and (31 of its removal from the pumping stations to the Sand Hills, near New Brighton, and that the engineer to the Board be instructed to prepare such estimates with as little delay as possible.” Mr Duucan seconded the motion, which was agreed to The Lyttelton Times was appointed as the official paper for the next term. The Board then adjourned for a fortnight.