Exploring Lake Issues by
Round Table Meeting
The March 6, 2014, at an East Hampton
Round Table meeting organized by Chairman Barbara Moore of our town
Council, once again raised concerns, questions and challenges
pertaining to the future of Lake Pocotopaug, specifically with
control of the dam and level of the water in the lake, all of which
have irrefutable ties to the very formation of the town. Those
attending questioned why a private party controls the Lake's water
levels, a perennial theme of lake area property owners and boating
enthusiasts since the 1940s. Nearly every summer someone or some
group questions why the water level is so high or low, and like the
weather being too hot or cold - is often a personal perception! Who
controls that level, what is done to monitor it, and finally, what
could be done about the situation so that the Town and its people
could assume that responsibility emerged as objectives coming from
the Round Table and forwarded to the Town Council. Over the years,
numerous demands, requests, or petitions to Selectmen, Town Council
or Town Manager or in 1976 to the Inland Wetland Commission, by irate
homeowners have been met with the same response. After review,
usually by town legal council, none of which has been particularly
thorough, it has been surmised that since "The Bevin's"
(Pocotopaug Water Power Company) own the dam, that they control the
water flow and lake level and there is little the town can do unless
it wants to purchase that property and the "so called"
rights to control that water flow and thus control the level of water
in the Lake. To begin to tackle the question one needs to jump back
in time to 1714 when a 5 man Proprietor's Committee was appointed by
Middletown Selectmen and Town Meeting to survey, divide and award
lots to property owners in proportion to the assessed value of their
Middletown property.
The Gordian Knot
Lake Pocotopaug dam, its ownership,
operation and historic rights, are a huge Gordian's Knot, not easily
unraveled. Yes the Bevin's (Pocotopaug Water Power Company) acquired
some right in the 1850's, but not what they now claim or have
expropriated over time. To unravel the questions one must begin in
1714 when a five man Proprietor's Committee was appointed by the
Middletown Selectmen to survey, divide and award lots in the
Three-mile Division to property owners in proportion to the assessed
value of their property. This process took over 25 years. After
accounting for previously granted land to James Wright and others,
common areas and highways and Pocotopaug Pond of 540 acres, the
remaining 12,576 acres were allotted in 43 acre Lots. What we know
as East Hampton was the unsettled territory East of the Great River -
land granted ownership and rights by the Colony's Governor and
General Court (the predecessor of our Governor and General Assembly).
This territory encompassed three areas of settlement - East
Middletown (today's Portland), Middle Haddam and Haddam Neck, and the
3-mile Division we know as East Hampton. It wasn't until 1739 that
settlers began moving into the area, there to find much of the land
not suitable to farming. Of immediate value was the Pond -
Pocotopaug - not commonly referred to as a lake until 1900. In
colonial times this body of water was not what we perceive today - a
recreational treasure for boating, swimming, fishing and its lovely
vistas. The gem in 1740 was the water flowing from the southerly
outlet of the Pond. The Pond itself was of little value, at least
not until the mid 1800s when ice was harvested during the winter and
stored in several ice houses for cooling and preserving food. The
real value of the lake was the power that could be provided to run
water wheels to saw logs and timber, mill grain, and hammer the iron
from forges in an emerging industrial age.
Pocotopauge Water Power
Company
The Pocotopauge Water Power Company,
incorporated November 28, 1899, was formed by owners of the 5 major
mills along Pocotopaug Creek - Ernest G. Cone - Summit Tread Co., J.
M. Starr - Starr Bros. Manufacturing, A. Avery Bevin - Bevin Brothers
Manufacturing Company, H. N. Hill - N. N. Hill Company and George W. Goff
and A. H. Conklin - Gong Bell Mfg. Co. The purpose of PWPC was "to
own and secure water rights, lakes and ponds, wherever the same may
be situated, and in connection therewith to build and acquire
reservoirs, aqueducts and canals for the purpose of supplying water
for power, domestic and all other uses, within the Town of Chatham;
and in pursuance thereof to build and lay water mains through the
streets and highways of said town, and generally do all things
incidental to said business." Certainly an ambitious
undertaking, since there seems to be no approval by the Town, its
Selectmen or Town Meeting. In pursuance of PWPC objectives, it
acquired property of Bevin heirs on May 15, 1900, which conveyed a
certain piece or tract of land known as the "Forge Privilege."
Interestingly, the deed specified only that the "right is
herein reserved to heirs of Chauncey, Abner and Philo Bevin to raise
the water in their factory pond to the level of the lower side of the
bottom stone in the east end of the old Forge Dam." The
location of the Old Forge dam is uncertain but unlikely not on the
Lake, nor does there appear to be any indication of a right to
construct a dam or control the water level on Pocotopaug - only the
"Bevin" factory pond which was dismantled in the mid 1980s
after DEP determined it unsafe following an Army Corps of Engineers
inspection.
Iron Works Rights and
Privileges
The Bevin brothers, Abner, Chauncey,
William and Philo began acquiring the land and old forge rights once
associated with the iron works on East High St. in 1850, about 18
years after formation of their bell company. Bevin Bros. has always
been located just off of Summit Street – the site of the horrendous
fire in May 2012. Acquisition of the old iron works site filled a
strategic need to incorporate water power to drive machinery for
their factories. To do so, control of the flow of water was
required. This was accomplished first, by construction of a holding
pond on their property on Pocotopaug Stream, and second, acquisition
of the iron works property whose land ran to the southern shores of
Pocotopaug Pond and its outlet. In the 19th century, some
damming with water flow control enabled them to fill the Bevin Pond
at night and drain the pond to operate the water wheel during the
business day. The ownership of the “forge privilege” dates back
probably to the 1740s but there is no indication in records that
those rights included any right to dam the Lake. During the late
1700s up until the first iron forge was torn down in 1810, several
men including Abijah Hall and Abijah Hall Jr. owned the land and the
forge privilege. In 1795 the Rev. Joel West acquired the land and
Cape style house (standing behind Island Coffee Trader on East High
Street) along with all the land on West Point; however, the “forge
privilege” which apparently included the use of the land and the
buildings thereon, was retained. Those rights were sold at various
times to others such as Elijah Buell, Elijah Buell, Jr., Joseph
Buell, Nathaniel & Jobe Doan or Isaac Riley and Elkanah Sears who
continuing operation until 1810.
The New forge and Expanded
Rights
In 1825 Jedediah Barstow built a new
forge and scythe factory on the site of the old iron works, having
acquired a half interest in the “Iron Works standing on Pocotopauge
Stream near the Pond and also one equal half of all the land and one
equal half of all the buildings standing on or near said premises
with all the appurtenances and privileges thereto belonging –
reference to Joseph Buell being had for bounds” from Henry Strong.
In 1830, Barstow purchased the land including West Point and the 1.5
acres from the Hebron – Middle Haddam Highway from the heirs of
Rev. West and others and on a parallel track began acquiring the
remaining shares of the Iron Works owned by various parties including
Henry Strong, David Buell, William Sears, Henry Bailey, Harry Roberts
and William Richmond. The deeds as recorded state that Barstow
acquired “one undivided sixteenth part of the Iron Works standing
on Pocotopauge Stream near the Pond in Chatham also one undivided
sixteenth part of Dwelling house & one coal house with all the
privileges, lands and appurtenances therewith belonging – reference
to Elkanah Sears deed may be had.” Elizabeth Barstow sold the
forge to Charles Shepard in 1847 upon her husband's death. That deed
describes a parcel on the Hebron & Middle Haddam Turnpike
extending Northerly to Pocotopaug Pond until you come to the east
side of the trench leading out of said pond south then along the East
side of the trench by lands, heirs of Rev Joel West back to
turnpike…with all the buildings, mills, mill privileges, rights of
Pond and water appertaining or belonging thereto or to the forge or
Iron works or other works thereon standing.” Amazingly, this deed
transferred rights never previously granted in prior deeds.
Rebuilding the Dam - 1953
Spring storms had pushed the 50 year
old dam to its limits. The gate controlling the flow of water jammed
under the immense pressure thus keeping it in nearly a fully opened
position prompted several meetings of the Pocotopaug Property Owners
Association. Mr. Chauncey Bevin trustee of the Pocotopaug Water Power
Company reported plans had been in the works for some time to repair
the dam. This work commenced in November by the Hubert Butler
Construction Company and completed Dec. 8, 1953. The Middletown
Press reported on Nov. 3rd, that "The normal high water level
will be the same as it has been in the past. This portion of the dam
will contain a gate for controlling the flow of water for use by
local industry. Inasmuch as no local firm is dependent upon water
for power any more, the maximum rate of flow should be less than half
that which was formerly maintained during the working day."
So, why rebuild the dam? The reason
was likely economic. The owners all had operating mills along
Pocotopaug Stream. The dam was a way to monitor water flow to
protect their facilities. People had become accustomed to the higher
levels of the lake. Disruption from status quo might raise questions
as to exactly what rights existed. If the dam and higher water level
were not maintained, the entertainment and summer resort industry
that grew in the teens and early 20s, which contributed significantly
to the property tax base, could be decimated. The taxable value of
individual lake properties would plummet. All the factory owners
were residents of the Town and they too enjoyed the beauty of the
lake. Had the dam not been repaired, the end result would have been
significantly higher property taxes to the 5 factory owners of the
PWPC.
Inland Wetlands Commission
Responding to Mr. Robert Crammer, Chairman, regarding Inland
Wetlands Commission requests for the Pocotopauge Water Power Company
to file for and obtain a permit to operate the dam, Chauncey G. Bevin
wrote on June 29, 1976.
"In an attempt to be brief, I am advising that the only
purpose I have for having built the dam at Lake Pocotopaug,
maintaining and operating it is to provide a service to the town, its
residents and property both public & private.
The service is provided at no expense whatsoever to the town and
includes among others the following:
(1) a large recreational area for various water activities (2) a
tremendous reservoir of water for whatever the needs might be (3) a
means of controlling the flow and volume of water which is on
occasion used to prevent flooding and possible disaster to private
and public property (4) a means of controlling dangerous ice
conditions in the winter season thereby preventing damage (5)
personnel on duty in my employ 24 hrs per day to provide surveillance
of unusual conditions (6) numerous other services and actions
required
The entire cost of the operation is assumed by myself. In
addition, the town further benefits from the taxes I pay on the dam
for the privilege of providing this service.
I would again call to your attention the fact that I do not make
the weather nor control it. I do however to the best of my ability,
and in the overall best interest of everyone, attempt to co-exist
with it.
I also would point out that before I took charge of this
operation, there was no water to control. We now have a beautiful
lake instead of a nearly dry puddle.
In view of the fact that this dam is in operation and has been for
over seventy years
under the
permit of the DEP and its various predecessor, I believe any
other permit is not required. To do so would conflict with State
Statutes long in existence. (Ref. Chapter 479 Section 25-110 thru
25-119). Further, your fee for this application you refer to would be
$2,558.50."
Attempt to Permit Water Flow
In the early 1970s after the formation of the town's Inland
Wetlands Commission, it had questioned the ownership of the dam and
control and discharge of water flow, requesting that the Pocotopauge
Water Power Company file for a permit to use and discharge water from
the Lake. Represented by Attorney Edward F. Woodward, PWPC met with
the Commission and provided documentation back to 1900 of the it's
ownership and understood rights acquired pertaining to the property
and dam built thereupon. Town Counsel, Edward C. Wynne of the firm
Wynne, Pontillo & Lynch provided support and opinion to the IWC.
In an opinion letter dated October 21, 1976, to Mrs. Doris Barton,
Application Coordinator, Attorney Wynne addressed several issues
raised by the Commission, including their efforts to require the PWPC
to file for and obtain a permit. Mr. Chauncey G. Bevin, graciously
met with and provided information and tour of the dam, demonstrating
its operations as well as those of Bevin Pond and explained the
history of the dam and the other mill ponds that had been constructed
on Pocotopaug Brook. He also described conditions, safety measures,
and history of hurricanes and floods and damage done by them in past
years and decades.
Inland Wetlands Commission meetings in 1976 centered on the issue
of control of water flowing from the Lake and the possibility of
obtaining permits to do so. Mr. Chauncey Bevin, Pocotopauge Water
Power Company trustee and President of Bevin Bros. Manufacturing Co.
appeared before the Commission and explained earlier methods of
damming, raising and lowering the level of the Lake prior to
construction of the 1953 dam. At that time it was Attorney Wynne's
(East Hampton Town Counsel) opinion that "if the PWPC was forced
to apply for a permit and a permit was issued limiting its right to
raise or lower the level of the lake as to water level or as to
method or time of raising or lowering such water level, such
limitation might well be a taking (condemnation) without
compensation, which would be set aside by the Superior Court upon
appeal." This apparently was determined from conversations with
and correspondence from Mr. Bevin's attorney Edmond F. Woodward, who
performed a cursory examination of title, ownership and rights -
particularly with respect to damming the Lake. However in an August
20, 1976 letter to Town Counsel Wynne Attorney Woodward stated "the
control of the dam and flow of the water has been controlled by Bevin
Bros. Mfg. Co. and PWPC since the 1830s and probably long before
without question and without challenge. Until very recently, neither
the State nor the Town nor any has ever questioned such control."
It is here that Town Counsel Wynne nor Mr. Bevin's attorney
failed to conduct a complete and accurate examination of the titled
rights, just assuming what was claimed actually existed. Clearly,
Bevin Bros. Mfg. Co. only acquired the old Jedidiah Barstow rights in
the 1850s - not in the 1830s or earlier.
The Iron Works
The water flowing from Pocotopaug Pond
provided immediate value to new settlers of the three-mile division.
Lot 132 was awarded by the Proprietors Committee, then sold to Giles
Hall sometime in the 1730s, Mr. Hall and his partner, Jabez Hamlin,
enterprising entrepreneurs both within Middletown and on the east
side of the Connecticut River, constructed the Iron Works and in
subsequent property purchases and sales established easements for
"Forge Rights and Privileges" pertaining to the use of
water flowing from the outlet of the Pond to power a water wheel.
Today it would seem absurd, but in the 1740's East Hampton had one of
the only iron works and forges in the Northeast. Iron discovered and
mined in Salisbury was smelted into pig iron and carted by oxen 60
miles to be refined. Then, with the mechanical power from one or more
water wheels, it employed its great hammer to prepare iron into
workable thicknesses. This product was instrumental in the Middle
Haddam shipbuilding industry and provided a laboratory where
generations of East Hampton men could observe firsthand the process
of metal making. This familiarity became crucial for the emerging
bell industry of the 19th century. The Iron Works, located on
Pocotopaug Stream near the shores of Pocotopaug Pond, is now part of
the American Distilling Plant. The earliest land records refer to it
as Iron Works Highway, later the Hebron Middle Haddam Turnpike, Smith
Street and finally East High St. The original "forge privilege"
does not appear to be granted by any political authority such as
Middletown Selectmen. The Hall family built the iron works with
operation passing to Abijah Hall and later his son up until 1810. A
new forge was constructed in 1825 along with a scythe factory when
Jedediah Barstow acquired the land and "old forge privileges."
When you don't have the
right - Get Creative!
The Pocotopauge Water Power Company,
incorporated in 1899, began an ambitious construction project to dam
the Lake and provide controlled water power through a series of mill
ponds along Pocotopaug Stream as it traversed through the village
center. In 1899, no laws or regulations existed by which PWPC would
be required to apply to construct or operate a dam or regulate and
control the level of water in the Lake or water flow. The fact is
that PWPC incorporation preceded the current State regulatory
authority, DEEP or its predecessor, the Parks and Forest Commission
by over a dozen years. So how did PWPC gain such control? The simple
answer, they acted as if they owned the right! The more complex
answer lies in several documents executed in 1903. The PWPC officers
and trustees had commenced construction of the dam and apparently
determined they possessed no such rights. In an ingenious plan, the
officers obtained a number of 999 year leases were negotiated first
with Lorenzo Rich and then a number of other Lake front property
owners. Mr. Rich and the others, even though they did not possess
the rights, granted the PWPC "full leave and liberty to erect
and maintain and permanently establish their dam across the outlet to
said Pocotopaug Lake, one foot higher than the present dam, to wit,
as high as a certain bronze bolt set in a boulder near the middle of
the present dam, and to flow water so much." Lacking any
rights, the PWPC officers tried the next best thing. Secure from
every Lake front property owner the above mentioned contractual
provisions. Unfortunately, only about half the property owners
entered into said leases. In the end, the Town, the Sears family,
among others, didn't. Not to be stymied, the PWPC just pretended
from the few leases executed to possess such rights and for well over
a hundred years perpetuated the myth that the PWPC and Bevin family
or Bevin Brothers Manufacturing Co. owned the rights to control the
water in and flowing from the Lake.
