The Greeley tribune., 1903-10-15
Advertising Rates.
Thursday, October IS, 1903.
IMPORTANT DECISION
Supreme Court Settles Important
Water Right Questions.

water NlSul QueslAoue.
An important and far reaching de-
cision was handed down by the su-
preme court Monday, the 5th inst,
that is of special interest to many
owners and users Of irrigation water
in this vicinity. 1t also settles IN a
measure the vexed question of aban-
donment OF water previously used;
and that the extension Of bitches and
putting the water on new lands is not
contrary to the law regulating prior
ity Of use Of water. Following is a
brief history Of the lands and water
which were involved in the suit. and
a synopsis Of tie decision:
In 1866 Marshall Cook an intelli-
gent and industrious half breed In
dian, and John NJ. Hughes entered
into partnership In the construction
of ditch to irrigate about 1900 acres
OF bottom lands situated about four
miles north of Plattevile. Their
main crop was native hay. but each
devoted a small portion to wheat,
oats and corn. This ditcn was known
as the Cook & Hughes ditch. In
ls7l they enlarged it and in 1883 a
decree was rendered by the district
court in Arapahoe county, granting
two priorities OF water to the ditch:
No. l3 for 2747 cubic second feet,
and No. % for I'LL cuoic second
feet, IA total OF 9s56 cubic second
feet.
In 1898 the Western DIaiuaee and
Water Supply company was organ
ized, with George W. Cur!ier as pres
ident and it constructed drainage
ditch, from which 1000 acres of rail-
road and school lands, near Nantes,
could be irrigated But when the
work was accomplished it was found
that the quantity Of water was not
sufficient for purposes intended and
the company wished 20 extend the
ditch to the Platte for an increased
supply. The ditch extended to a
slough and was parallel with the
Cook s. Hughes ditch and the COM
pany realizing that the hest and
cheapest route to the river was
through that ditch, it purchased
Cooks lands and half interest In
the ditch, then connected the Two
bitches by cross ditch and enlarged
the Cook & Hughes ditch for three
quarters of IA mile from its mouth.
Thereafter most Of the Cook <
Hughes appropriation was taken
through the enlarged ditch and
the new extension and used 90
Cooks former land and on some of
the other lands owned by the com
pany.
But financial difficulties confronted
the company and It's affairs we're in
tangled condition and to cut d long
and intricate story short. liens on
lands and water were fOreclosed by
the Western bank of Denver and
Horace g. Clark, then under sheriff
OF Weld county, but now clerk of the
supreme court. The bank took pos
session Of all the water and the land
under the upper half OF the dtcn
while Mr.. Clark became owner of the
rest of the land. But in time,
through purchase and exchange, Mr.
Clark acquired nearly one half Of tile
water. He then cultivated some of
the land and rented more.
Years after the granting of appro-
priations to the Cook & Hughes
ditch, the Platte Valley Irrigation
company was organized and ditch
was dug, with the headgate at the
Platte river, about ten miles above
the Cook & Hughes headgate. This
cOrporation-better known as the
English company - viewed with
alarm the continued drains made on
the river and feeling that the supply
was decreasing, 1T entered suit April
10. 1900, In the Arapahoe county court
against the Western Ditch & Land
company, it ownin. one-half of the
Cook & Hughes appropriation, and
Clark and others, owners of the
other half of the appropriation, to
restrain them from using more than
5 cubic second feet out of the 9s. Sc
cubic feet, the original appropriation;
claiming the rest OF tn decreed ap-