The Grit-advocate., 1902-12-05
INJUNCTION DENOUNCED BY
IRRIGATION SUPERINTENDENT

Denver. Nov. 30.-In his annual re-
port to the state engineer. submitted
yesterday. Superintendent Armstrong
of irrigation division No ! says the
scarcity of water resulted in bringing
mp questions never before thought of.
ana that the drought was IL fruitful
propaGator of litigation. rs well As an
injury 10 farming interests Concern
ing the injunction method of gettin.
water, which he calls trick" the SUI
perintenhenl says:
1T is becoming understood that the
vain" OF water for irrigation is very
much above the price that has been
set upon it, consequently the very best
legal talent is being employed to Sc
cure the right to use the water by jun
iOr appropriations. very often to the in
jury of Older and senior appropriations.
\ favorable procedure in this line of
action is in obtaining the issuance
from the county courts of Il writ
of temporary Injunction. restraining
the officers of the irrigation depart
mcnt from enforcing the laws made
and provided for the proper distribu-
ton of water for irrigation purposes.
Especially is this true where the inter
estS of one irrigation district come into
conflict with those of another
This office has been seriously en-
barrassed in the performance of its
duties by this trick. for it is II trick,
although a legal one. whereby n canal
company. or district. can hold the Wal
ter to which it is not entitled for a
period of time and, when hearing is
had. ask for dismissal of complaint
and the dissolution of the injunction
on payment of costs. which they can
well afford to pay. | would suggest
that something be done to remedy
this, either by the coming Legislature
or by Il ruling of lac Supreme Court on
an agreed case covering this question"
Concerning some other abuses which
flourish under present methods the Su-
perintcndent says: The right of old
canals to extend and enlarge their ca
pacity so as to enable them to appro-
pirate and take from the streams the
full amount of water decrecl to them
of Il date twenty or thirty years ago,
aid apply such water to territory
recently brought under cultivation
also the right to sell and transfer to
new bitches the surplus portion of de
cfctS granted 10 on ulIclitS. blI never
appropriated and used by them. to the
injury of intermediate appropriations.
are questions which should be settled.
$50 that the old appropriations and pros
pective investors in irrigation enter
priSes may know on what ground they
stand in this line
Inc superintendent calls attention to
the value of storage reservoirs as
again demonstrated during the past
drouti season. when the only sections
of the state where full crops were
raised were those where the reservoir
system was in operation.
The report shows Il length of bitches
in division No. of :i1Oj.Ol miles. The
maximum capacity of bitches and wal
ter carried is 19,261.11 cubic feet per
second of time The highest nnmlm'
of days water was carried WAS 81.
The report shows the following totals
for the division:
Acres that can be irrigated. 1.M'S.2Si !
Acres actually irrigated. ..... 1880
Acres of alfalfa. ........... lE'!i'
Acres of grasses. ............ 1Ii.I2I
Acres of grain. 2lG.:Iul
Acres of frnii. 1861
Acres of bertS. 1l,4SN
Acres of potntocS G.gSl
Acres of other crops. ....... 12:i.o6)