DRAIN IN DISPUTE

Hawke's Bay Herald-Tribune, Issue 174, 10 August 1937, Page 10

DRAIN IN DISPUTE

Our Own Correspondent)

RATEPAYERS' PROTEST TO COUNCIL

From

WAIPUKURAU, Aug. 9. . The Kaimotumotu drain has occu^ied the attention of the Waipawa County Gouncil at several meetings of late, and it was brought forward again to-day by the following letter xeceived from Messrs A. Y« TheobS'ld. and P. S. Wells: — • " As speciflcally, and expressly arrangad by your engineer, the subscribers have dnly considered" the proposals submitted regarding drain on publie road (Ford road) and we decline the snggested shouldering- of full responsibilities for a drain situated on a public body property, etc. In the Press report of ,your last meeting you were eredited with replying t0' ono Perry regarding drain complaints, i.e.: "Messrs Theo'bald and Wells had failed to ratify an agreements etc., Wo both enter an- emphatie protest at this distortion of facts. At interview "'with your engineer all proposals were tentative, and were to be submitted in writing for our" due consid'eration; neither by word, act, nor implication, was an agreement entered into. Twice during the interview Mr. Douglas of his own yolition observed: - (1) Of course you will need time"to consider proposals; (2) I will put my ideas into writing for your deliberation. Why these Observations if an agreement had been established? Ko distorted Press reports will railroad us into the untenable position aimed at. We reiterate our strongest protest. Will you be good enough to respect our wishes regarding the following (on , the grounds of common self -respect) : We- decline to submit to our names being blazoned in the .Press month by month with Perry 's. Either delete our names and giye P'crry" the sole honOurs regarding his miserable drain com-' plaints, or separato reports, so our' names are not couplecu ■ Attitude of G'ouncil. The attitude of the council in respect to the drain is set out in the following letter forwarded to Messrs Theobald and Wells under date May 28: — This letter serves as a memorandum of our conference th>s morning, when there were present yourselves, Councillors Glenny and Gray, Mr, Perry and myself. The question of the maintenaace of the drain running along the side of t'he. road leading to Mr. Theobald's house and parallel with Mr. Perry 's fence and draining the creek into the river was discussed. i /Mr. Perry has approached the council drawing their attention to the fact that erosions on the bank of the drain are endangering his fence. He stated that he intended to erect a new fence and called on the council to take steps to prevent further erosion of the drain under the new fence line. The coimcii representatives at the conference to-day recalled that this drain was constructed by the council some years- ago at the request and at the cost of Messrs Wells and McLeod (Mr. Theobald's predecessor). They pointed out that the council obtained no benefit from the drain and that the sole benefit was to Messrs Theobald and Wells and to other owners further down; in that the creek was shortcircuited to the river by the drain, thus preventing the creek waters from abovo the drain flowing along its natural course on to the properties of Messrs Wells and .Theobald. Under these circumstanccs the council "f el't that they should not be called on to bear any expense in the maintenance of the said drain and ' suggested that the whole cost and responsibility for maintenance should be borne by Messrs Theobald and Wells. They further pointed out that if Messrs Theobald and Wells considered that the dFain was not. of sufficient benefit to .them (Messrs' Theobald and Wells) to warrant assuming, the responsibility for maintenance, then .the council would be p'repared to block tha drain, instal a culvert across the road, and allow the creek waters to follow their natural course. After some disoaission Messrs Theobald and "Wells agreed thafc they would undeitake to bear the sole responsibility for any damage to the road or to private property which might be' caused by the drain due to erosion or any other cause and that they would take all necessary precautions in the way of maintenance and repairs to prevent such damage occurring, and that more particulariy they would take any necessary steps to prevent erosion oi the drain causing any damage or undermining to Mr. Perry 's fence on the following conditions: — (1) That the council would undertake to clear the drain of all voge'table growth onco every year on request. (2) That the council would allow the said drain to be deepened and widened ' at its lower end to provide a free getawny for the water, and so prevent fiooding on the lower portion of Mr. Theobald's property. The cos't of this i widening and deepening to be borne ; ' by Mr. Theobald, who would be respon1 sible for any subsequent erosion caused by it. I think the above is, as near as jwssible, a true record of this morning 's conference, and I would be glad of an f early reply agrecing to tho proposed . arraiigeinent so that a lcgal agreement - covering the points mentioned could be * pxepared for your signature, No aetion taken. '• Mftssrsi 8im)SL9u telie