, 1904-02-15
20. Q. During what months is the

A. curing the entire year.
Il. @. Have you or any other
claimant of said appropriation filed a
claim to water In the once Of the
county clerk? If so. give date Of fl
ing and the name of the party or par
ties interested in said claim.
A.. The said contracts appear of
public record.
%. Q. Have you had suhicient wa
ter each year since the use for which
an appropriation Is claimed began?
A.. No: the supply Is insufficient.
%. Q. II not, state the years of
scarcity. the months when the supply
was insufficient, and the reason of such
scarcity.
A. The supply Of water furnished
from said springs has been growing
less. owing to the sinking Of ~artesian
wells and other causes not known.
The needs of the city have increased
with the growth Of population.
Remarks: The city Of Laramie and
its predecessor. the town of Laramie
City. and the Union Pacific Railroad
company and its predecessor, the
Union Pacific Railway company, have
enjoyed the exclusive. uninterrupted
adverse and notorious use of che wa
ter flowing in said system of city
bitches for more than twenty-one years
last past.
The respective claims of the city
of Laramie and the Union Pacific Rail-
road company are defined in the orig
NAL contract for the construction OF
said pipe line, a copy OF which is at
tached, anu the contract subsequently
made by the city council ratifying it,
a copy of which is attached.
,Signed) c. P. ARNOLD.
City Attorney.
Laramie, Wyo., June 20, 1900.
| hereby certify that the foregoing
a%ttiuavit was read to the afiiant in my
presence before he signed his name
thereto; that said afiiant Is to me per
sonally known Tor has been satisfac-
torily identified before mel, and that
| verify believe him to be a credible
person n the person he represents
himself to be, and that this afidavit
was subscribed and sworn to before
me at Laramie, Wyo.. on this 18th day
of June, 1900. W. M. GILCREST,
Division Superintendent.
Upon the foregoing proof the board
of control ordered the following en-
try to be made: That the proof of ap-
preparation Of water as duly made and
presented by the City of Laramie and
the Union Pacific Railroad company
be determined and established in &C.
cordance Herewith. and be SO tabu-
lated by the superintendent in his tab
ulation Of the rights to water from the
Laramie river and tributaries"
And the tabulation was made as fol-
lows: City Springs, tributary of Lar
annie river; priority No. 1; name of
ditch, City Ditch and Pipe Line;
name Of appropriation, City of Lara
mic and Union Pacific Pipe Line;
postofice address, Laramie, Wyom-
ing; date Of appropriation, ditch, 1868.
pipe line. 1874; use to which water is
to be applied, municipal and railroad
uses"
The contracts referred to in the
proof and made a part thereof are two
in number. The first was executed
September IA 1874; and provides for
the payment to the company of $751;
900 in the form of county warrants and
the exemption from taxation of the
rolling mills for a period Of ten years.
In consideration q this the company
agreed to construct an aQueduct from
the city springs to the city, "and it is
mutually expressly agreed and stipu-
lated between the parties of the first
and second parts hel eto, that when
such aqueduc shall have been COM
pleted the ownership and title thereto
shall be and remain in saiu party of
the first part. and that said party Of
the first part shall have the exclu-
sive control thereof and shall keep the
same in good condition and repair
and shall have the right TO draw there
from such quantities of water at all
times Is may be necessary for the
use Of the said party of the first part
without interference or interrution on
tie part of any person or persons,
party or parties whatsoever, and that
all xcess Of water that may be sup
piled by said aqueduct after supply
ing the said party of the first part,
shall be free to all the citizens OF the
said Albany county under such regu-
~lations as may be prescribed by law
or by any competent authority"
The other contract referred to and
made a part of the proof was that ex-
ecuted in 1886, Aug. 10, by which the
City of Laramie was authorized to
construct a pipeline from the headwa.
tiers of the springs around the old res
ervoir and connecting with the I'm
ion Pacific pipeline at the lower end
thereof. In this contract the former
contract was confirmed and it was ex-
pressly stipulated and agreed that
the rights Of said City of Laramie and
its citizens to the use of the water
foing therefrom through the main
pipe of the Union Pacific Railroad
company shall be the same in all re-
spects as are contemplated in the
aforementioned contract with the said
citizens Of Laramie. and it is express
ly understood and agreed that the
said City of Laramie and the citizens
thereof acquire no greater rights and
privileges in and to the supply Of wa
ter, or to the springs and lands upon
which the same are situated than as