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Duck Club Loses Fight Over Calispel Lake Homesteads

A Spokane land office ruling sided with settlers who argued that marshy ground at the upper end of Calispel Lake could be drained and farmed.

The case of A. L. Weeks against Nancy J. Desart, Emmett Desart and C. H. Finley has been decided in favor of the defendants in the Spokane land office. This is the case in which the Duck Club contested the homestead filings of Mrs. Desart and son and C. H. Finley. This land is situated at the upper end of Calispel Lake, and it was claimed by the Duck Club that it could not be utilized for any agricultural purpose whatever.

There was uncontradicted testimony that prior to building a dam at the lower end of the lake, a portion of each claim was clear of water at certain seasons of the year, at which time such land was used for cutting hay and for pasture. The area in controversy was platted as land by the U.S. surveyor.

The testimony further showed that the claimants made entry of their claims with the belief that they could and the intention that they would drain the land. That prior to the contest they had co-operated with other persons in the vicinity owning similar land, and had taken steps looking to and endeavoring to drain such land. The field notes of the surveyor general state the ground to be level, marshy ground which is overflowed and becomes Calispel Lake in spring, but can be easily drained and will become first-class agricultural land. Several parties testified that other surveyors had advised them that this adjoining land could be drained, and that surveyors, at the time of the trial, were at work to ascertain the best methods to be adopted in draining the same. — Calispel Valley Times.

“The field notes of the surveyor general state the ground to be level, marshy ground which is overflowed and becomes Calispel Lake in spring, but can be easily drained and will become first-class agricultural land.”

— Printed in The Newport Miner (Newport, WA) 1899-Current, 1909
Then · 1909117 years apartNow · 2026

Land-use fights over wetlands and who gets to decide what counts as “agricultural” land are still with us. This 1909 ruling shows how drainage and homestead claims reshaped Pend Oreille County’s waters and who could claim them.

The original page

The Newport Miner (Newport, WA) 1899-Current, 1909-11-18. Library of Congress, Chronicling America.

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About this story

From
The Newport Miner (Newport, WA) 1899-Current, NOV 18, 1909, Page 8
Text
Cleaned up from the page — spelling and layout repaired — not a word-for-word transcription. The page itself is above, for exact wording.
Rights
Public domain
Place
48.33741, -117.29717 · placed automatically
The paper in the Library of Congress catalog ↗