BUCKLEY DRAINAGE BOARD.

Shannon News, 31 January 1928, Page 3

BUCKLEY DRAINAGE BOARD.

DEEPENING AND BANKING OF KOPUTAROA STREAM. OBJECTIONS TO CLASSIFICATIONS The Magistrate's Court at Levin was occupied on Thursday, January 19th, in hearing objections to a, proposed classification of the Buckley drainage district. Mr. J. H. Salmon, S.M., was on the Bench. Mr. Moody appeared for the Drainage Board and Mr. Beigin for certain objectors. The classifications for rating on account of betterment had been made on the follow ing bases:—A, direct benefit; B, less direct benefit; C, indirect benefit; D. free from rating. . AN INTRICATE SYSTEM.

, Mr Bergin made a preliminary objection to the classification, submitting that it was one which was neither con-

templated nor authorised by the Land Drainage Act. The classification list showed that the land was classified under two schemes —No 1 scheme with

banking, and No 2 scheme with the deepening of the Koputaroa stream. It appeared that the Board had instructed its classifiers to classify two areas —Buckley and Paiaka —according to the benefit which the land would derive from the banking of the Koputaroa stream and the Manawatu river; also another area —-the Koputaroa area —which was classified on the assumed benefit it would derive from the deepening of the Koputaroa stream, regardless of whether it derived benefit from the banking or not. The Koputaroa stream, where it was deepened, flowed throught and the Buckley and Paiaka areas, and the land through which it flowed must de-

rive some benefit through the deepening of the river. Through some difficulty with the Koputaroa ratepayers, the Board had decided the cost of.

banking the Koputaroa stream would be levied only on Ihe Buckley and

Paiaka areas, cost of. deepening would be levied only on the Koputaroa area. There was one section shown in the whole classification list — that of Mr. McDonald, No.- 24 on the roll—that was classified under both schemes; .under the banking scheme, ' out of an area of 71 acres, 26 acres were in A class and 4o acres in D, and under the deepening scheme 30 acret were in A and 41 in D. The difficulty was that Mr. McDonald had two dif ferent areas in Class A. The. Board, counsel contended, was compelled firs' to make a geieral classification of lands in the district, and then, if it wished to create, subdivisions for special work, it might re-classify In those, for the section of the Act dealing with Iho matter said .that the Board mus ; classify all lands according to tin benefits they were likely to reeeivi • Jrom the drainage works. If this classi fieatiori was legal, the position was tha: the Board could later decide to deeper the Buckley drain and would make : fresh classification, and some jf th. owners now in the banking sehem might be in A, B or C class of th. Buckley drain, and so on, with am new work which the Board decided t. undertake, and a man might finish up with an unlimited number of classi fications. Under the present classi fication, it was possible for a land owner or ratepayer to derive benefi from the deepening and pay nothing for it because he was not in the Buck ley or Paiaka area. The Board wa. bound by the Act to classify the lam according to .the benefit .it would re ceive from the works. If a man bene fited by the deepening, he must b. classified for it; but fie was .at prcscn simply put in the scheme for the bank ing. If the Board made arrangement for loans and went on to do the work it might find the classifications ille gal and the whole proceedings wouU have to be done again. Mr. Moody stated that Scheme 1, a shown in the classification list, was : classification over the whole area o lands in the Board's jurisdiction Scheme .2. was a separate scheme deepening the Koputaroa stream. / special order divided the district int< 1 three subdivisions— Buckley, Koputar oa and Paiaka. The objectors wen only objecting to one. classification; i was-a classification over the whol. area. The Koputaroa area, a separaf. part of the Board's land, had a sepnr ate classification, shown on Ihc roll that was for certain works to be dom " for which the lands in that-area woub leeeive benefit. The Board wfis qtnh_. within its" rights -in making, ficatioiMiiv that powe. to classify the la»tH'iTa certain area the Board tmglr. classify all lands in its district. Thn had be done, and the objections wowlodged. Mr. Bergin stated he- was dealiiu -. Vith Mr. Taylor's objection, but h< wished to point out that Mr. Swindle • liuiH was in a similar position; hitland- vas on the edge of the drainage district and he said that it was lughci than anv other land lying between Ins. place and the-river. The proposed drainage works under which Mr. Tay- . lor was classified were the banking schemes of the Koputaroa stream and the Manawatu river. As far as the Koputaroa stream was concerned. Mr. •"-Taylor- would give evidence thrt his pla'ee had never >jen- flooded from it, anc' or rare occasions only the water had backed up in his drains because the Kfoputaroa ,stream had been, in flood, but the water had never flowed from those drains on to his land. Mr. Tavlor admitted that he would derive a small benefit f-om the maintenance . u f fiocd-banks on the Manawatu river, but he was too harshly classified m haying his land partly in A and partly in B His total area in the drainage district was Ml acres-31 acres «n A 45 in B, and 25 in I). Mr. Taylor would say that there was a very small portion of his land affected by heavy floods from the Manawatu river. The banks kent out small floods, so ho did derive some benefit; but a very small portion of his land was affected. He had nev- • ed had to <-eraove stock off his farm k during his.. 20'.years' residence. He bhad goodLtpaoa land is well as swamp

land classified A; and the longest, period for Which he had had to remove stock from tho swamp land was four days. Several of his neighbours had had land flooded for weeks at a time, and one man for months; and yet they were put into the same class as Mr. Taylor. His Worship: Mr. raylor has the railway between him and the liver. Is theie a railway embankment? Mr. Bergin:- There is an embankment, but the river is bridged there. Counsel submitted that a true classi- ! fication as eoi.templ.ited by the Act | should b 3 a comparative grading of the lands-in .the district according to the benefit, they were going to derive from the work. While Mr. Taylor admilted that he received some benefit from a portion of the Board's operations, it was contended that the lands between his place and the river received incomparably greater benefit, and he should not, be put into the same cla?.s as they were. His Worship asked what were the prospective works. Mr. Bergin said there would be the maintenance of the flood-banks that were already erected along the Manawatu river, and the erection of floodbanks along the Koputaroa stream. Mr. Taylor's land was classified only for banking scheme No. 1. If he was classified under the deepening of the Koputaroa stream, his land would be all in Class D. The total area classified under A was 5448 acres, Of that area 2448 acres was in Class D, which was exempt from rating, leaving 8000 aeri'S in the rating Classes of-A, B and C. Out of that 3000 acres there was only 14 acres in Class C —or one acre in 214. He suggested that the classifier had not made sufficient out of the various classes, and the appellant contended that he should be in Class C for the portion of his land deriving auy benefit from the proposed works. More than half of Mr. Taylor's land was uof- iu the drainage district, at all; a-quarter otVthe, area that was in the district was in D and the balance was' put into A and B, but there was nothing in C. Even in times of heavy floods, Mr. Taylor's land was the last to be affected and it was naturally th* first to be drained; so he was not suffering to the same extent as those below him, who wore flooded for weeks. EVIDENCE BY CHAIRMAN OP \ BOARD.

' Robert Waring Taylor, farmer, and chairman of the Drainage Board, in giving evidence stated that his property Tvas over a mile, in a straight line, from the Manawatu river. The-land drained into the Koputaroa stream. The property was not affected by the Koputaroa except that with abnormal floods the water rose in the drains. He did see the water lying on Mr Richai'dsou's property for weeks at a time, also at Mv Spiers', when there was no surplus water on his own land. If the water came over the railway line his 75 acres would be flooded. He had been nearly 20 years on the rare occasions he had had to shift stock; he did not think he had had u> transfer cattle for more than four days at a time, and sheep for mor<; Mum a' week. The longest period h- 1 had seen water lying on Richardson's was well over a month. He admitted deriving some benefit from the bank ing on the river. ■ His contention was that- he needed no protection from small floods, and that the banking provided protection to properties furthei down the stream, which weve subject to small floods. His land could be improved without any protection from the Drainage Board. Cross-examined by Mr. Moody, witness stated that water sometimes back-

ed' up on his property when the Kopu iaroa was in flood. Iu the .drainage district he had 101 acres, of which. 76 acres was the lower-lying part; this was not very high above sea-level. Tlk /all of the land was through Swindle-

.-.ursts'. in lt'o7- his land was probabh .ill flooded, with the exception of the terrace. IMIE BOARD'S PRESENT INTENTIONS. In answer to a question by the Magistrate as to the Board's proposals, Mr. faylor said that at present the Board intended to do no more than what war mown in the instruction given to the classifier —to deepen .the " Koputflßa .stream as far as the railway line only, and to bank the Koputaroa with a .lank having a height ,<.',qual to the present, river bank, and/to maintain that ..auk and. river banks. ■•l'lnrT'was all the Board had in view in pr-sent. He knew' that the idea 01 ,'hc Board was eventually to protect

.ts-.lands in the same way that the Makerua Drainage Board had done. Ai present they were only maintaining the existing banks of the Manawaui river. Most of these had been erected by various land-owners and -.by voluntary Mil script ions by the farmers.

OTHER SETTLERS' POSITIONS Ronald J. Law, a farmer owning land near that of the previous witness, stated that all his land except one acre was classified A. His laud was one of the worst pieces in the district in regard to flooding. "He was not one of the objectors to the classification. If the banks broke, witness's propeitv was-flooded, and it took about a week"to drain the water off the land.

His property was not all (it to carry stock. ~ L To Mr. Moody.—Witness knew that in the event of a river flood, the 7(5 acres of Taylor's property was flooded as well as the other lands, if the'banks broke. The banks had broken a number of times. .John L. Eyrie, a neighbour of Taylor, stated that he had been about IS years in the district. His land was not. rated, being in Class D; it came in between Taylor's and Phillips's, and was about 29 acres. - He expected one big flood in the year; the small floods did not affect him and the same remark applied to Taylor's and Swindlelmrst's properties. The water in the big flood came from tfie Manawatu river. The settlers watched for th.> big floods. He had often seen the surplus water on a lot of land when it ww not on Taylor's property, which

was dry like his own. ' Taylor could carry stock on all his property. To Mr. Moody.—ln a small flood the drains on Taylor's might back up, but the water did not go over his land, and ! his land was not made unworkable. 1 A small flood occurred about once a fortnight, coming from the Koputaroa stream and backing up as far as Swindlehurst's and Taylor's. There would be a benefit to those owners from the Board's works in the event of a big flood in the Manawatu river. John Swiif|d,ldhurst, farmer, neighbour of Taylor, stated that he had an area of 86 acres in the Board's district all classified A. The position in ••egartt to level was about the same as that of Taylor and Ryrie. The Bucklev drain cam 3 through the railway, and about 42 chains of it came through his property. If the banks broke oi the floodgate gave way, all of witness's property but an acre would be flooded. Settlers' lower- down were subject to a number of small floods which did not trouble him. A big flood might be on his land for a fortnight. To Mr. Moody.—From the Koputaroa stream to his property there was a fall of about five feet, and to the properties beyond there was a further fall of four or five feet. With the 86 acres he was able to do practically anything. If there was no big flood from the river he could use the land all the year round. His drain had three feet to lisc before the water would flow over on to the land. If the bank on the Koputaroa stream was raised it would benefit his land a little. He had tried cropping on the property: and it had been a success. There had been crops washed out, owing to the breaking of banks of the Manawatu river, but not owing to any water from the Koputaroa stream. Arthur H. Richards, lony driver, employed by-the Shannon Dairy Company/stated that he .collected cream practically every day in the. year in the district which included Taylor's and Swindlehurst's properties. He had had to go through flood water on ihe Buckley Road. Taylor's land and other property on the east side of the' railway, in times of small flood, was not affected by the water. To Mr. Moody. —There were two drains—one from the Buckley and-the other going towards Eastern's —which wer.t ihrnigh the railway. The road was just above the- level of the land: Mr. Moody said that the locality of Taylor's and Swindlehurst's was, at the most, only JO feet above sea level. There was a fall down from Taylor's . through SwindJelu.rst's and through other properties to the Koputarovi stream. Taylor's was low-lying land, and at flood-times it was swampy. Attempts had been made to show what happened when there was a big flood and a small flood. It was impossible to give any information as to what con- / stit'uted a* big or a small flood. Most of Taylor's land was affected. That had been classified A and 8., and the classifier would give his reasons for, this. Swindlehurst's land was lower, and had all been classified in Class A. He derived more benefit than Taylor. Even through local waters after heavy •rain, Swindlehurst's land suffered. Mr. Moody l proceeded to call evidence. METHOD OF CLASSIFICATION.

Ralph H. Allan, who Avas appointed by the Buckley Drainage Board to classify its lands, stated that he inspected and classified Taylor's land. This property derived a-certain amount of benefit from the bank along the river. The large floods affected it as they did all the properties on that level on "the same side of the railway line. The 31 acres would derive a direct benefit from the drainage works. This was grass land which had all been drained by Taylor, probably with the assistance*of the Board. The 45 acres classified B was on a slightly higher level; and the 25 acres in Class D was high land. To Mr. Bergin—The classes wer-j fixed by the Drainage Act, for land respectively direct benefit, less direct benefit, and indirect., benefit. He fixed a betterment scale at so much per acre. He thought that Taylor's land would receive the same bene fit per acre as Law's, although Taylor could carry stock to-day and Law could not,' Every time he had seen Law's land a part of it had been under water, m the bush. Taylor's land, however, would get the-full benefit of the proposed work, being firstclass land. Law's land -would still be subject to flooding to a certain extent. .Taylor's would be affected by high floods coming over the river bank. All the land in the vicinity of Taylor's, on the west side, would be approximately of the same value when drained.

Harry R, F&rquhar, civil engineer, stated that he had gone through the proposed scheme f<»i the Buckley Drainage Board, the objects of which were: To maintain tlie Manawatu barks'at the present height so that they wo.uld be efficient against floods; to bank the Koputaroa stream to exclude local floods, and to deepen it at the same time. The banks on that stream were not intended to keep out Ihe Manawatu, which was to be excluded by the banks and the present, floodgate". The land on both sides of Koputaroa stream to the railway would be protected from local floods and also to a certain height, from the Manawatu floods. This would give such lands a-; Swindlehurst's and Taylor's adequate protection from local floods. They would not be any better off as far as big floods were coicorned, such as they might expect either once a year or once in five years, when there was a flood of more than usual proportions.

ARATANGATA FLOODGATE UN

SERVICEABLE

Mr. Bergin said that Ross, Rough and Co. had 548 acres, of which 520 acres was in Class B and 27 in Class D; also 105 acres all in Class D. W. A. Speirs had an. area of 354 acres, of ■ which 289 acres was in Class A and .65 in Class D; there was an area of approximately eight acres taken up by a flood protection bank and environs which could not derive any benefit whatever. The bouudnvy

of the Buckley drainage, district wa3 fixed as the Aratangata drain, and that was controlled by the Horow'nenua County Council. The proposed s.'hcmo included the maintenance of flood protection banks on the Manawatu river, but obviously the Board could deal only with those banks as far as its boundary—the Aratangata drain. Working from theie upwards, the first section on the Aratangata dvain was of practically the same level as the lands of Speirs and Ross, Rough and Co. The land was pretty much of the one level right through. Theie was a small variation over a distance of miles. The first was classified D. The next, Ross Rough and Go's, of much the same class, was land suffering from the same disadvantage, and was in B. The next section, Sp-?iis's was the same levtl and class of land, and was in Class A. There was no land then which was put into Class C. Two lots were*put into D; then there was a iur p to B, and then to A. This lan 1 suffered, badly frein flood, and would continue to do so, notwithstanding anything that this. Board could do The floodgate at Aratangata drain was in a shocking state of repair and was absolutely useless. The water from the Manawatu river, when about normal, flowed into the Aratangata drain and overflowed the district of the Buckley Drainage Board. In the river bank, in the first section in the drainage district to the west, there was a breach of 20 chains,and iu the next section there was a bicach of s-ix chains. The Board had no control over that line, and when the river was bank-high the water flowed over and flooded Ross, Rough and Go's and Speirs's land. He would call evidence to prtove that that water came from the Manawatu river, through the breaches in the banks, over land classed D on to ihe land classed A and B respectively. Neither of these owners drained a drop of water into the Koputaroa i stream, 30 the deepening of it could j not benefit either of these objectors. It seemed that Speirs bought his land in 1020, paying a very high price. He had paicl interest and reduced his moitgages, and every inch of his land was producing levenue. Part of it he was using for dairying, and other por : lions for flax. Yet his land was put in the same class as certain othei land which, it was submitted, was com paratively useless. Francis C. Hay, civil engineer, of Foxton, engineer for the Oroua River Board, stated that the Buckley Drainage Board area was included in the River Board's area. The level of the western boundary of Ross, \ Rough and Go's land was 91- feet above low water spring tide; on the east, 30 chains away, it was 9.8, arise of 0.3 feet, showing £in. per chain rise, or nearly level land. The grade was about lin. "to the chain through Speirs's. Just below the Buckley Drainage Board's area the Aratangata bank was , in disrepair and was two feet lower than the banks in the Buckley Drainage Board's area. There were considerable breaches in the" Aratangata bank, and water flowing through these would flowback over Ross, Rough's and Speirs's land. Manawatu river flood* were gauged at Fitzherbert bridge where the record was 22 feet. Several times a year there was a small flood of 8 feet; this would not go over the stop-banks in. thq Buckley drainage area. Possibly 14 feet at the gauge would pass the banks of the Buckley district without going over. On the Aratangata banks a flood of six feet would go through. The Aratangata drain served a considerable area. He knew the land (Peterson's), near Ross.. Rough's. If anything, Peterson's was lower.

To Mr. Moody.—The. last break in the Aratangata banks, he believed, was caused by the 1926 flood. If there were a big fresh in the Koputaroa it woulld go over the present banks and would flow down over Ross, Rough and Co':property. If a bank were constructed; it would give them protection from floods in the Koputaroa, but this would be nullified by the present condition of the Aratangata drain and the protective works beyond the Buckley drainage district.' The stop banks, were not -being kept up to the standard bv the present owners. 'Edward William Sutton, mill manager, of Foxton, an employee of Ross Rough and Co, said he visited _ tlu swamps once a fortnight, sometimi':oftene'r. He had seen a depth of 2i feet of water in the swamp, from tJu Manawatu river in a comparatively small flood. In October this happened five times. He had recently inspected the floodgate, on the Aratangata drain If could hardly be called a Ih.odgati now. This meant that every time tlu river rose the water flowed up tlu drain. He had seen the breaches ii: the bank below the Aratangata drain In places the bank was washed right away. A rise of six or eight feet would go over the bank; a smaller flood would go up the drain. He had not had anv complaints from the foremen about flooding from the Koputaroa stream.

To Mr. Moody.—The breaks in the Manawatu river were the main source of trouble to Ross, Rough- and Co. He had been with the firm about three years.

To His Worship.—Water was all right for the flax if it could get away in good time; otherwise the flax would rot, as it did when the water lay on the ground for three weeks at a time. George Jones, swamp foreman for Ross, Rough and Co. for the last seven years, stated that he had lived on both sides of the river for about 10 years. He was with Sutton when photos were taken of the laud. The water came from the county drain and from breaches in the bank. It spread on over Speirs's land. The photos were taken on November 18th, one flood had fallen considerably before that. Flooding from the'Koputaroa stream was practically nil.

William Arthur Speirs, fanner of Koputaroa, owner of land mentioned above, said that in November his land was flooded by-water which had-crdss-ed Ross, Rough and Co's after coming from the Aratangata drain. Ho

»had inspected the breaches below the Aratangata drain. The floodgate was practically useless. The land he was owner of, he had improved, part of it lie had put back into flax because it was too low for dairying. He con structcd over a mile of banking at a cost of a little over £IOOO. Most oi his neighbours near the river had gone in for banking. He contended that any claim by the Drainage Board was offset by the difficulty on the Western boundary. To Mr. Moody.—lf the bank woreintact below the Aratangata drain, hisland would not be affected unless the river was in flood. AN ARBITRARY LINE.

R. H. Allen, classifier, stated in regard to these two properties, it wat necessary to fix an arbitrary line ai there was some, doubt as to how fai the waters came back from the river. The B. class of Ross, Rough's lan.-: was expected to derive a certain amouir, of benefit from the banking of tlu Koputavoa stream and the river in th. Board's area. The kind in Glass I' was all low-lying land, rising slight!;,. as it receded from the Aratangat: drain. In Speirs's case, the land bein, somewhat higher inrtlio ffivainpy par was put in Class A, and: the dry lam was put in Class D. The effect of th proposed banks on Koputaroa stream would be to prevent the water com ing down through Spoil's' and Ross Rough and Co's out to the Aratangat; ■train.

To Mr. Bergin.—Speirs' pasture lam had suffered somewhat from too nine! water, but there was no doubt tha he land had been improved. Witness •ould not say what was the re.'fson fo he difference in ihe Government val .lat'uin of haw's land at M'.l aiu ■qicirs's at t'3o. Law's land woiih ml- benefit to the same 'extent a i|H'irs's. 11. "R. Farquhar, civil engineer, gaw •vidence as to the natural features oi he-two properties under consideration f the damaged banks were not repaired, an extraordinary ,f|jod, suejv as was expected every five years, would do considerable damage. HEARING ADJOURNED.

It was not found possible to finishthe case at the current * sitting of'the Court, and the Magistrate remarked that a.special day should have been set apart for it. Mr. Bergin stated that the other objectors to be heard were Messrs R. A. Speirs, W. Swindlehurst and Jas. Bowler.

The further hearing of the case was formally adjourned until Friday, February 10th. it was intimated that the remainiijg; objections might possibly be withdrawn. OBJECTORS MEET THE CLASSIFIER. Some of the objectors met the classifier, Mr. R. H. Allan, of Palmerston North, on Friday, at Shannon, and result of the meeting will be placed before the Magistrate at the next sitting of the court to be held at Levin.