Rocky Ford enterprise., 1904-02-12
Regarding Water Exchanges
Between The bitches.
State Engineer Carpenter Hears a Lively and
Spirited Discussion by the Leading Ditch
Men of the Arkansas Valley.

generous loan practice. a corresponding
thousand dollars worth Of crop was lost
in district 81: but his previous remark
that no loan at low water stage had
ever been able to reach them. refuted
his argument.
W: y. Randall said that the Holbrook
canal had received more favors before
the act OF % went into effec, than they
had since. He said that this generous
spirit was all that enabled the farmer
under his canal to beautify his home by
growing trees and shrubbcry. and said
he did not interpret that clause in the
constitution which says. "fhe older
bitches have better right" to mean
hat the older bitches had the exclusive
light.
After those supporting the complaint
had made II clear that they wanted
notice Of these loans to be given to the
bitches likely to be effected. sufficient
time in advance Of the eoan TO enable
them 10 investigate conditions: that they
thought there should be definite time
limit, that no more water should be
loaned than was being bcneicially used;
and after they had supported their plea
by splendid argument. Attorney Dubbs
OF Pueblo gave matters \ different turn.
He began by saying that much OF
the talk regarding the notice that should
dc given and the restrictions asked was
superiluous. rs the law clearly said that
when \ proper application had been
madeihe commissioner had no alternative
but To obey the law which says "hc shall
dos He also went over the decisions
OF the supreme court and quoted Judge
Voorhees, decision that prior right was
property. right; he also claimed that
consideration Of the amount OF water
being bcncfcially used was no, essential
rs, its being 4 property right. the amount
OF water IL had to loan. To use or transfer
was the full amount OF the decree.
Mr.. Duhbs is good talkcr and 10
quite convcrsant with irrigation law: but
Il could not escape the notice OF those
who were present at meeting OF the
High Line Canal company when the,
had under consideration the purchase OF
the Arkansas Valley ditch. that his line
ol argument as y representative OF the
Colorado Fuel and Iron company was in
con,r,s, with his talk before the High
Line Canal company.
To meet the argument presented by
the complainanis that the Arkansas Val.
ley had made reckless use OF its rights.
he began by stating that n, one time
movement was under fuot 10 divide the
territory under the ditch into small gar.
den tracts. Had that plan been carried
out there would have been 4 call for
much greater use for their u fec, ap.
preparation for irrigation purpose than
The present demand from the c. +. & !.
Co. Tor mill use. He denied that the {.
+. & I. had in contemplation any irri-
CATION schemes and was positive tha, the
river would he much benefited by the
transfer. He even went so far rs TO say
,ha; the c. +. & had pulse beat in
unison with the pulsc Of the valley. and
allowed the belief that the pulse was un-
der the control OF the {. +. x |. Com.
pany's sympathetic system. The smile
that was on the face Of the audience
would have broken into ripple Of
laughter had they not restrained them
selves GU, Of consideration for the
speaker. who evidently believed what
lie wis saying. Col. Lockhar,. always
companion Of opportunity, made
motion that broke the spell by hilarious
applause. lie said: "Mr. Chairman. be-
lciving that from the arguments already
presented the State Engineer can formu.
late such rules and regulations that will
insure fair. and satisfactory distribution
OF water under this act, !. therefore.
move We adjourn
No decision will be given for some
time yet. State Engineer Carpenter cx-
poets to meet like conventions in var
ious parts Of the state and will try to
make such ruling as will apply TO all
sections and conditions.