, 1896-03-19
ABOUT WATER RIGHTS.
VIM Stakes Hold Rights for
Mining Purposes.
MIR. BUSH THINKS NOT.
tie Is Sow Consulting Legal AuthOri-
ties aud ths State Engineer
Says the Question is
StuDIper.

An interesting point regarding the
law of water rights in placer mining,
says the Denver Republican, is under
consideration by Attorney General
Carr, 10 whom it was referred yester-
day afternoon by State Engineer Sum-
ner. On It's settlement depends wheth-
er a placer mining company, which
has just Legun operations near indie
pendence in the North park country
can appropriate to ITS own exclusive
use the waters of the enlire North
Platte river and It's tributaries lying
above Independence.
The question was brought up in
Engineer Summers office by James F.
Bush, a North park mining man.
Mr.. Bush and several oaher mining
men have formed a company for the
purpose of working placer properties
near Walden. in the North park coun-
Try.
Their claims are located at the
foo; of Owl mountain, close TO Mich
igan creek. Michigan creek is a body
of water tributary to the North Platte
river.
When Mr.. Bush and his partners
took up their placer fields they felt
there would be no trouble ABOUT the
water supply. They were the first to
locate on Michigan creek and they at
once appropriated its waters for use
in placer mining. In doing SO they
followed the custom used in locating
Mining claims. They drove stakes at
the points of the creek where they
were to place their head gates ter
their ditch. No other stakes are any
where on The creek and Bush and his
partners felt satisfied that in stalking
it off they secured the lawful right to
use the walters above their stakes.
Before they commenced mining OPP
erations, however. their faith in the eff
flciency OF the stakes received a rude
jolt. A rival 20 their water claim ap-
peared. Some miles below them on
the North Platte a rival company had
been ahead OF them in appropriating
Il water right. This company had
driven its stakes close to %Independ-
cnce. and vas also prepared to work
placer mines. It's managers claim
that these stakes gave them the right
TO use all the water in the main river
ebove their location, and all the water
in Michigan creek, IS well as the 9TH
CT tributaries flowing into the North
Platte above that point, besides.
The Bush company felt itself stump
cd by this sweeping assumption and
proceeded to consult legal authorities.
While the law is clear enough on
what constitutes an irrigation water
right, it does not deal SO lucidly with
water for mining purposes. Mr.. Bush
and his partners wanted to act entire>
~ within the law, whatever 1t might
be, SO after failing to make anything
satisfactory out of the statutes. they
decided to send one of their number
to Denver for the purpose Of consult
ing the state officials. James Bush
undertook the mission.
He talked the issue over with State
Engineer Sumner yesterday afternoon
and Mr.. Sumner gave the legal au-
thorities a second looking over. He
gave up the problem Bush had given
him to solve and admitted that he
was as much in the dark as his visitor
from Owl mountain.
There was no difficulty in deter
mining what constituted a legal water
right fer irrigation, but in the matter
Of placer mining the Law was puzzling-
IL yague. Finally it was agreed to
turn the question OF to Attorney Gen.
eral Carr.
On his own hook James F. Bush, is
going to ask other lawyers whether
any individual or company can appro-
pirate the entire waters Of the big
river and all its tributaries by merely
driving a few stakes at some point on
the river bank near It's mouth.
Engineer Summer says this is the
first time such a problem has been
presented to him.