The Meeker herald., 1889-06-29

State Engineer Maxwell 10 the Referee
of our water district In reference TO
water rights.
STATE ESGISRER's OFFICE,
DENVER, Colo, June !, 1850.
Hon. Edward Z. Taylor, h.f-r-c, Gi-n~"o-i
rprins-. coio.i
DEAR SiG-The following is u copy,
in part. OF paragraph 1874 OF the Gen
erai Statutes Of Colorado for 1855:
mo claim Of priority OF any person.
association or corporation. on account
Of any ditch, canal " reservoir. as TO
which lie or she OF they shall have failed
OF refused to offer evidence under any
adjudication herein provided for, OF
heretofore provided for by said net. the
title Of which is recited In section four
hereof, shall be regarded by any Water
Commissioner In distributing water III
times Of scarcity thereof, until such
time nj n decree aLjudging
such priority to such ditch. canal or res
srvoir has been entered. and certificate,
such M mentioned In section four
hereof, shall have been issued 10 claim.
ant and presented To the Water Com.
missioner tSec,ion -, pages 1916.
acts lssl.l
II will b, observed from the above
paragraph that the warrant OF authority
10 the Water Commissioner To distribute
water, Is the certificate OF the Clerk Of
the Dis,ric, Court. setting forth the
date Of priority and the quantity de-
creed; hence In water districts where
there are no DEGREES, there will bc no
occasion for Water Commissioner,
and In districts where adjudicaiions
have been had on portion Of the
bitches, such portion only will liz f-co:-
n!fcd In III. allotment Of water In times
oi scarcity.
The tangled web Of difficulties that
has arisen In the northern and older IT.
risating districts Of the state, rcsu!tin.
from DEGREES based upon erroneous
statements rs 10 size and capacities OF
bitches, as well also rs 10 date, Of con.
s,ruc,ion and priority. should constitute
u valuable lesson u Tie newer districts
Of the soull, aud acs,.
II Is To the interest III every ditch
owner TO secure an adjudication OF the
water rights connected with bis ditch
at the earliest practicable moment. In
order Ia get the bcnri, Of III. legal dis
iribl,ioE OF the water. and u Ia viially
10 his iui-rc.; 10 sec TO II tia, tho de.
cree to ever, other ditch In his district,
Is based upon facts MS 10 capacity anil
date ot priority.
Where ditch has received a dccrvc
for water In excess OF It's carving capa-
city IL Is n very natural thing for tile
owner To enlarge tn c!can:n. gu; his
ditch ustil.!, will carry ou, the water
dcctcc,i. ti,~fvb, eventually securing a
quantity II watrs. dr,tng hack 10 the
original construction 10 which tho ditch
was not Justly entitled. Ia, stili In &C.
cot,iancc with the decree. This. n-ecs-
sarily. inIu;iously affect, Pos''daicd
bitches.
While water would no, b- allowed ~
ditch In accordance with such IN
creased capacity, l! satisfactory proof
was furnished a. to It's actual capacity
at The time II the decree. Sc, /, must 10
remembered that after the lapse Of sew
cTal years. such proof will. In a ma!oFi',
Of cases. have passed beyond the reach
Of the PARTIES Interested. ~ can 10 IN
s,ancc,l repeatedly In the experience OF
the older districts. which have passed
through this oulral.
To avoid these shoals upon which the
older irrigation districts have houn-
icrc,i. It is earnestly recommended that
gr.s, care !r- exercised In placing lie.
fore the courts accurate data upon
which to base the decree Tor water Ia
the respective bitches. In this matter
every di,ci, owner Of the distict is In.
tcrcstcd.
Claims are often made tina, where no
DEGREES have been issued the waters
could bc distributed from information
furnished by the statements filed In the
office Of the State Engineer. but aside
from the plain provisions OF the law
heretofore quoted. the statements 81
furnished are. many Of them. 40 def.
cicnt in data. as to lie entirely useless
for such purpose. nor are ,hct neccs-
sarily evidence Of the existence OF the
bitches on the ground. many Of them
being filed rs evidence of intention aud
preliminary 10 construction. and may
never have been followed by actual con.
struction. or NAV have been bull, with
increased "r decreased capacity.
II is hoped That County Commission.
ers. and other officials, In the interest OF
their respective counties. will afford
every possible facility tending toward
the proper adjudication OF water rights
and will encourage and assist Water
Commissioners in building mp system
of water distribution that will give Sc.
cuiity snd pcrmancncc TO water rights
and consequent freedom from the scri'
Gus complications that have resulted
from the loose methods heretofore pre-.
vailing. Very respectfully.
j. L. MAXWELL, State Engineer.