Who Owns the Water? Marcus Grants 25-Year Private Franchise

In the matter of the application of Fred B. McKeehan and others for the right to lay water pipes in the town of Marcus. This matter coming on regularly for hearing on this day on application of W. W. Tighman, W. C. Goss, N. J. LaPlant, T. A. Wilson, J. F. Morgan, W. T. Kirk, I. T. Peterson, Almstrom Applequist, W. C. Jones and W. Cramer for the right or franchise to lay down, maintain and operate in, along and upon any and all of the streets and alleys, public places and public highways within the platted limits of the town of Marcus, Stevens County, Washington, pipes and conduits for the purpose of conducting water and maintaining and operating a water system for public and private purposes, to run for a period of twenty-five years. And it appearing that it will be for the best interests of the inhabitants of the said town of Marcus that the said right or franchise should be granted, subject to the conditions hereinafter specified, and that the exercise of such right by said applicants will be a beneficial use;

Now, therefore, by virtue of the authority vested in the county commissioners of said county, by virtue of chapter 238 of the laws of the State of Washington, approved March 18, 1907, the said applicants above named are hereby granted the right to lay down, maintain and operate in, along and upon any and all of the streets, alleys and public places within the said limits of the town of Marcus in said county and state, according to the plat thereof now on file in the office of the auditor of said county, pipes and conduits for the purpose of conducting water and maintaining and operating a water system for public and private purposes for a period of twenty-five years from the date hereof, providing that the said applicants shall within a period of one year from the date of this grant commence to develop their proposed water system and to lay down the said pipe conduits for the purposes aforesaid, and shall diligently prosecute the said work to completion and complete the same within two years from this date; unless these conditions are complied with this franchise shall be declared forfeited.

And providing, further, that the said applicants shall put the said streets, alleys and public places of said town in as good condition as they were before; and that said pipes and conduits shall be so placed as to interfere as little as possible with the development of said streets, alleys and other public places;

And providing, further, that in the construction of the said water system and in the laying of the said pipes and conduits said applicants will at all times protect and save harmless the said county from any and all damages that may arise in consequence of the maintaining and operating of said system and the laying of said pipes and conduits;

And the faithful observance of said conditions and regulations is made an express condition of the grant hereby made, and the failure on the part of said applicants to faithfully perform the same shall operate to cancel this franchise. Dated Sept. 15, 1909. — G. W. Sutherland, Chairman.