The Holly chieftain., 1899-06-02
THE WATER
CONTROVERSY.

l
The Rocky Mountain News Of ~,
terday morning contained an article
headed, Threatened Irrigation War
that the state engineer has been call
ed to the valley to settle differences
between the appropriations of water.
| We learn that a meeting was held 1t
La Junta on the 18th. which was pre-
sided over by State Engineer McCune,
his presence being at the request Of
w. NJ. Wiley, manager OF the Great
Plains Water company, and Of the
Amity and Buffalo Ditch companies,
and other managers Of bitches In
ProwerS county. 1t is claimed by the
Prowers countyditch men that 30 far
this season they have had very little
water, and not as much as they Wefe
entitled to under their decrees, and
that canals in the upper part Of the
valley, notably the HolbrO0k, High
Line, Otero and Bob Creek, have been
permitted to take some water, and
thisat times when priOritleS superior
to theirs In Prowers county were not
receiving any water. It would seem
that the purpose Of the lower ditch
men was to secure ruling from the
state engineer instructing Superinten.
dent of Irrigation Chew to keep ditch
es in water districts IA and II closed
until the water in the river had actu-
ally reached the headgateS Of the ear
lier appropriations in Prowers county,
regardless OF the amount in the river,
1t has been the practice of the once
OF superintendent Of Irrigation for
several years to use discretion In
distributing water to the different
canals and when, in his Judgment, the
flow In this portion Of the river was
more than enough to supply all de-
mands below, the estimated excess
was permitted to be drawn by the lat
ditions have been unfavorable, the
water in the river being clear and no
water coming In from the PurgatOir.
Apishapa and other tributary streams,
SO that an amount passing the river
guage at Nepesta, which has In past
years been sufficient to supply Ill
canals below, has this year proved
short. The cool weather In the moEiu-I
ttslnS f9r tha pnst ~ d. IT. L.
SO that now four Of our later canals II
this section are shut our and will like
ly remain SO a few days until the wat
er has reached the eastern part Of the
state, and until the river Ia at q bet
ter stage from melting SHOWS and
rains which are liable to set in in the
mountains at any time. We do not
apprehend that there is anything in
the situation to cause alarm among
the farmers under any OF our later
ditches as the prospect for water 10
better than it has been many previ-
Gus years. At the same time the SIT
uation shows the necessity of the
most dilligent use of the water when
it can be obtained, and also that the
waste OF water which is going on un-
der the bitches of earlier priority Is
positive wrong to the less fortunately
situated people living under bitches OF
inferior right.
The above article is copied from
the Rock Ford Enterprise of May 25th.
Although published in that section
of the country dependent upon the
junior priorities, it very fairly states
the facts presented by the controversy.
The complaint made by Mr.. Wiley
and the ditch managers from Prowers
county to the State Engineer at the
meeting referred to, was that when it
had been brought to the attention Of
Mr.. Chew, that the bitches in district
No. 81 with early priorities were
suffering because junior bitches In dis
tricts Nos. IA and II were allowed to
divert water which would otherwise
have gone to said early priorities,
instead OF shutting out said junior
bitches, he claims that to allow the
water to flow down to Prowers county
for such early pri0rities would involve
a considerable waste in transit, which
he was entitled to prevent by permit
ting its being taken by. the junior
bitches. \.
AS we understand the law, Mr..
Chew had NO authority to determine
what shall constitute waste Of water.
so long as there is water In the river
to be delivered to the bitches in
Prowers county in accordance with
their priorities. He is specifically d.
rected by the statutes and the decrees
Of csurt Sdjndicating priorities, to
deliver the water at the headgates OF
the several bitches. The practice Of
measuring out the water for district
No. 81 at the river gage at Nepesta,
is in controvention OF the law a. much
as would he the ease N H. wora v,NAss