JUDGE DECIDES IN FAVOR OF BAR HARBOR WATER COMPANY

JUDGE DECIDES IN FAVOR OF BAR HARBOR WATER COMPANY

Bar Harbor Record
January 11, 1899

The following rescript in a case which is of interest to Bar Harbor people, has been received from the law court.
Hancock County;  Elihu T. Hamor vs. The Bar Harbor Water Company.  Re script by Haskell J.
The Bar Harbor Water Company was authorized to take water from Eagle lake, which is eminent domain, for domestic purposes.  The company by regular procedure took the water by means of a 24 inch pipe and paid damages for the same.
The plantiff is the tenant of a mill on Duck Brook, an outlet of the lake.  His rights are those of a riparian owner, entitled to the regular flow of the stream.
It does not concern him that the water company may of used the water taken from the lake for purposes unauthorized by its charter, so long as it does not take an excess of what it was authorized to take.
This is a consideration for the public, and not for the individual.  It makes no difference to him what use may be made of the water taken.  He can only be concerned in the measure taken.
The water company became the lawful owner of the dam at the outlet of the lake, which it was authorized by the legislature to maintain, so as to increase the water supply.
The plaintiff claims an easement in this dam by which he may regulate the flow of water to his mill.  The evidence fails to show such easement and if it did, it was extinguished by procedure in condemning the dam and land where damages were paid to all owners therein.
The water company have maintained at the outlet a solid stone dam that raises the water some three feet, and the plaintiff complains that he is thereby deprived of the water to which he is entitled at his mill;  but he is not.

He is entitled to the natural flow of the stream and the volume is substantially the same with the dam as without it,  inasmuch as it does not divert the water through any other outlet.
The regular flow may not serve him when an intermittent flow, regulated by gates, might, but he is not entitled to have.  If he wants an intermittent flow he must gain it by means of a dam of his own, not by the dam of another.  He has no cause of action.
Judgement for the defendant.
The suit was brought by Elihu T. Hamor against the Bar Harbor Water Company to recover damages for diverson of water.  John A. Peters Jr. of Ellsworth was consel for Mr. Hamor, and L.H. Deasy, for the water company.