The Delta independent., 1901-03-29
ruR Lxox LAKE lAw suir.

r1R LE0H LAKE lAW sUiT.
- kooo Lake Osssh 4 DAsss.
v0es Co0Dosy.
Last week Judge Stevens rendered
his decision In the suit uf the citizens Of
Pisteau valley, Mesa county. assinst
ths Leon Lake Ditch 4 Reservoir com.
psny. wherein the Plateau people sought
BY injunction to prevent the Leon Lake
Ditch and Reservoir company froa
constructing . tunnel on the Delta aide
whereby the water might b used for
irrigation purposes; - will be sen BY
the findings of the court. the judge de-
cided in favor of tho defepdents. The
case will b carried 10 the supreme
court. n. r. Welch and W. II. Burnett
vses the attorneys for the defendsL b
Ths following findings were made by
ths court:
I. That in June. 1895. the PLAINTIFF
and THAR gran tors 6led their plat show
Ing the boundaries Of their reservoir
cite in the United States lsod o@cs at
Clonvood Spsiass. and that the sane
vss approved BY the Secretary os the
Istsrior. Novsmbsr 10. 1886. and the
plsintiRs arc entitled TO . right Of way
Ter aid reservoir site upos which sur
vsysd prem isss - we're at that time va
can't snd unoecupisd. and that the said
pis,nti9s sov have . right os vsy TO the
shs sbovs Dsotionsd postioa a said
sssssvois site.
Z That nsithss the plaintiffs Dos
thsis gsastoss have evss stored any
Vstss In said Reservoir oe ussd any
vssss thssefrom for any purposs. or &C.
quifsd any rights to said reservoir o. the
cite thsssos BY appropsissiee under the
Avs a the ststs.
4 The court fur thss Asds that psios
% the location os said reservoir cite By
pasiatids poetioo of tho land isclsdsd
In eaid resssvor site hss bsss ssttled
upon By M.soo u. Colby ssd declare
toy ststsmsnt died BY hin under The
W~-sDption laws q ths laws u The
United States and psios 10 the diisg a
said nap By plsintias. ed that ansl
sstsy has bssa made and ssesivses re-
csips Issued therefor; that thereafter .
0assat vss hsssd By the Unitsd Statss
10 ~ said Colby ooovsyiaG 70 him said
pesoisss frss fsoo any sighs Il vsy or
eassasst a ssiA pla,asi9s; thss osiehsr
p,s,stias sos thsis gsassoss svss sosuss-
- slgks q vay. sossosaA - DstvtaeOo
- assd ~ iasls q Co,6y a. - bUtsd
Anna diseAss - As0s tAssses, ss did
thsy coedsan aid lasA - any
past u Il. That 10 1885 and ieo6 paaie-
tie catered upos the land Owned By
Colby and without authority constructed
On iusu0cisnt dam At the outlet Of Leon
lake. That 10 the yesr 1873 sed 1850
Colby strengthened the dam msds By
plaintifs. and conveyed the land TO the
dsesahants. the Leon Lake Ditch and
Rssssvoir company, with all right. title
and Interest In and 70 the land includ.
I'd In the reservoir sits and dam and all
sighis os vsy.
Z. That the dsessdsut entered upon
the pssnisss and began the construction
q dam st . poaut whore tie dam con
sssscssd by plainti6s and their grsntors
had bssn originally constructed.
& The court further ands that by
ssesou q the aid scts of the defendant
psaiotias have not ssstsiosd isrepsrabls
iaissy q any injury in the usc and en-
joyoset q The sid psopssty and thst
there b no rcesoo 10 believe that said
pasinti9s vili sustain irrepsssble injury
In the ess and sojoyoset Il ssid prop
ssty By rsesoo Of the scts a the defeod-
ant. Thsrssoes. is = eoesidersd. ordered
sdjudesd and dscseed that ths bill q
couplsint q plainti1s b dismissed snd
the dsesodsnt 10 rscosse froa SAs plain
tie its coses hssSis.