The Shepaug River - Legal Issues - 1921 Agreement Between Waterbury and Washington

Legal Issues

1921 Agreement Between Waterbury and Washington

Note: The text of this memorandum was transcribed from a poor copy, and while we tried to ensure fidelity to the original, we cannot guarantee it. If any reader has a clear copy and can offer corrections, please e-mail us.

MEMORANDUM OF AN AGREEMENT made this third day of May, 1921, by and between the City of Waterbury and The town of Washington, Municipal Corporation of Connecticut.
Whereas the town of Washington is a riparian owner of land bounding on the Shepaug River which flows through said Town in a general southerly direction and is interested in the preservation of said stream for sanitary and other purposes, and
Whereas the City of Waterbury proposes to take and divert certain waters thereof under and in accordance with resolution of the General Assembly of the State of Connecticut approved April 25, 1893, entitled "Authorizing the City of Waterbury to Increase its Water Supply" at or near a point about one mile northerly of Woodville Bridge, so-called, and
Whereas, there is now pending before said General Assembly a proposed Act, known as House Bill No.120, concerning the repeal of said resolution.
NOW THEREFORE in consideration of the mutual promises and undertakings of the parties hereto, as hereinafter set forth, they do mutually agree to and with each other, as follows:

The Town of Washington hereby agrees to withdraw, so far as it is able, the further consideration by the present General Assembly of said House Bill No. 120 and agrees that the same may be adversely reported by the Committee on Cities and Boroughs to which said bill is now referred.

The City of Waterbury agrees that in the event it shall erect a dam on the West Branch of the Shepaug River at a point about one mile above the village of Woodville for the purpose of creating a reservoir on said river or in the event that it shall construct an aqueduct and shall divert into it some part of the waters of said West Branch, it will maintain at all times between the period of the first day of May and the first day of November in each year a flow in the said West Branch at a point of measurement at Woodville Bridge, so-called, which flow shall not be less than one and one-half million gallons in each twenty-four hours and which flow shall be as nearly as possible uniformly distributed throughout the twenty-four hours of each day.

And the City of Waterbury further agrees that it will not divert water from the West Branch of the Shepaug River at any time when the distributing reservoirs into which the city aqueduct shall convey such water so diverted are full and overflowing.

And the City of Waterbury further agrees that it will only divert such water to the extent that may be required to supply the actual needs of the customers of said City and to maintain the storage in its potable water supply reservoirs. It is hereby expressly agreed that no water shall be diverted from said West Branch of the Shepaug River under the provisions of this agreement except for the use of inhabitants of towns of Waterbury, Washington, Litchfield, Thomaston, Watertown and the village of Platte Mills, so-called.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the City of Waterbury acting by its mayor thereunto duly authorized by action of its Board of Alderman, under resolution adopted at a legal meeting of said Board held on the second day of May, 1921 and approved by the Mayor of said City under the date of [indecipherable] and the Town of Washington, acting by Arthur C. Titus its Agent, thereunto duly authorized by resolution duly adopted at a meeting of the electors of said Town of Washington, duly called and holden under date of April 23rd, 1921.
Signed, Sealed and Delivered in the presence of
Robert A. Cairns
A. S. Gregg Clarke

City of Waterbury by
Wm Sandland
Mayor (L.S.)
[seal of Waterbury]
Town of Washington by
Arthur C. Titus
First Selectman (L.S.)
[seal of Washington]