The Delta independent. [volume] (Delta, Colo.) 1886-19??, 1897-09-24

should be taken up at once by those
in nterested or else forever dropped
COMMISSIONERS
FORESTRY, CANE AND Fish.
COLORADO.
Denver, Aug. 25, 1897.
Mr.. Howard Russell.
Delta, Colo.
Dear Sir:-In the matter OF the owner
ship OF the Alexander Lakes, on Grand
mesa, Delta county. and the fish therein,
which matter was brought to my stton-
ton by you in letter to this department
in June last, l have decided not to dis
turb the present title. presumptiveiy
vested in w. Radcliffe. a. the lessee OF
the Surface Creek Ditch & Reservoir Co.
In arriving at this decision have en-
deavored to be governed by the law. at
the same time being mindful Of the
equities involved and the public interest.
The more important considerations
which led to q decision in the matter are
briefly as follows:
Sometime in July last, as result Of
request made by you and other citizens
Of Delta county, for the people. and Mr..
Radcliffe, lessee Of the lakes. for himself.
I requested Mr.. E F. Campbell. State
Supt. Of Hatcheries. to visit Delta and
also the lakes and from every source Of
information collect all data that might
be Of assistance in ascertaining the right
ful ownership OF said lakes.
Mr.. Campbell's report Of August 6con-
tains a brief history Of the lakes and the
steps taken by Alexander & Forrest to
secure the lakes for the propagation Of
trout and afterward by the Surface
Creek Ditch & Reservoir company for
the purpose OF storing water for irriga-
ton.
In 1895 Alexander & Forrest, for q
valuable consideration, named at six
thousand dollars sold and transferred to
w. Radcliffe, Esq, all their interest in
said lease.
On june Z, 1896, the former commits
sioner OF this department, in letter ad-
dressed to one Of the persons interested
in the lakes under the lease heretofore
mentioned, confirmed the title now claim.
ed by Mr.. Radcliffe.
In the report Of Mr.. Campbell, among
other information Furnished u the fol-
lowing:
Mr.. Radcliffe allows the public 10 fab
with hook and line. but asks the psrsons
desiring such privilege to get . permit
from him.
Notices are posted throughout the
grounds warning persons that II = pFi.
vate property and no fishing allowed
without such permit.
find that since his purchase from
Alexander 4 Forrest in 1886. Mr.. Rad.
elite has increased his hatcheries from
TO 81 Matching troughs and at tho time
Of my visit had in the hatchery over
100000 fry which he was placing in the
lakes. He had in his employ and pay .
number OF special game wsrdens for the
protection Of fish in the lakes.
Before reaching decision in this case
I submitted the report Of the State
Supt. Of Hatcheries and also the letter
confirming the title of the former claim
ants. written by my predecessor in this
Office. to the Attorney General Of the
state for legal advice.
In brief, his reply is that the question
having been carefully considered by my
predecessor and his conclusions care
fully set forth in tho letter heretofore
mentioned, and, 'Said conclusions being
eminently just and for the best interests
Of the public, as well as in harmony with
our statutes, and consistent with the
provisions Of our Constitution, and %
there has been no change in tho Law re-
garding the matter since said letter wss
written this Department would not I'd.
vise you to reverse former rulings under
such circumstances
The Attorney General concludes:
"Our conclusion is, therefore, that the
Surface Creek Ditch & Reservoir Co.,
holding poseessory right to the land, or
their lessee. Mr.. VIM. Radcliffe, 10 en-
titled to all fish rights in said lakes to
the exclusion OF tho public"
Therefore, in consideration Of the
foregoing, / repeat, I should not feel
justified. at this time, in disturbing tho
title Of Mr.. Radcliffe to these lakes, as
asserted by him, and aside from his legal
rights. and because Of his outlay and ex-
penditure in the propagation Of trout.
and the restocking Of the lakes, cannot
doubt that the best public interest 10
conserved BY the continuation Of his
ownership and control thereof. Az the
public a Delta county has heretofore
besn granted the privilege of fishing in
said lakes By permit from Mr.. Radcliffe
upon request for same. wosld seegsse
that such arrangement b continued