The Glenwood post., 1905-04-01
THE GRIZZLY
WATER QUESTION
M. Rosenberg Discusses the Issue
Confronting the People of
GIenwOOd SpringS--FdCtS
and Figures
THE REAL TRUTH ABOUT GRIZZLY
MIR. EDITOR

MR. EDllOR;
"Committae' informs the voters of
Glenwood Springs in the issue of the
Avalanche of last Tuesday in some
what uncertain language that last
August before Judge Overs. 1.-The tes-
timony showed the town had done all
the work that had been done to appro-
pirate the creek up to that time "
Barring few we'll chosen errors in
80 short and ambiguous sentence, it
must be taken to mean that Judge
Overs took or listened to any testi-
mony in the case. 1 will, however,
nail that statement as one wholly
without foundation in fact.
Judge Overs allowed no testimony
to be heard! The records of his court
fail to show that any testimony was
heard in his court! The testimony
dimly referred to was taken before
the court reporter as referee, but was
not allowed by the court as material
of proof either one way or the other
Upon argument by counsel for the
Glenwood Light and Water company
Judge Overs found that the town had
no standing in court, and he gave the
which it ought to have done when it
first intended to appropriate the waters
of Grizzly creek-namely to serve no
tices to all parties interested and resi-
IS l,a tar Il % ;,t
But the first quoted sentence is not
only misleading, it also states delib-
erately what never could have been
proven if, indeed, any proof had
been permitted. The facts are that
the town had done up to the time of
the trial no work at all. All the sew
eral boards elected since the Kendrick
period, and the Kend1ick board in
cluded, have done practically nothing
The boards following the X. P. afore
said found nothing to do because the
Kendrick board had put the cart before
the horse. In their wisdom they
thought that paper notice on a shin
gle and a trail and ian annual ex-
penditure of $lOO" wsnld assure the
town of water right.
There was also-some testimony be-
fore the referee attempting to show
that tlume was built somewhere
along Grizzly creek; but no testi
mony of any sort was introduced to
show that any work had been done to
liuart ba Of (y,.,v
beneficial use.
Now, MIR. Editor, you know and
anybody who takes the little trouble
to read mp on the appropriation of
water knows that the only, the prin-
opal and vital, proof of appropriation
il the actual and successful applica-
tion of the water for some beneficial
purpose. Next to such proof the one
showing that diligent and intelligent
efforts are or have been made to ac-
complish that purpose is in order But
a shingle with paper notice and a
short trail and an ephemeral tlume
alone or either of such alleged proofs
of appropriation do not carry any
weight in court.
Nor IL it true that at that time the
testimony showed the town had done
all the work that had been done. "
At the time the Committee men,
tions-lwas it November 1903 or Au-
gust 1904; who can tell by the SEEM
ingly intended ambiguity of the Com
mi ftka q rt1clA t-tha hnI
really no work at all not SOS you
could notice it. But the company did
go to work and did work and is doing
work now; and what's more, they are
not going to 'stop. Neither Com
Iuittee' nor anybody else is going to
prevent them continuing work. And
Just about the time Committee" is
going to wake up, the company will
have Grizzly water flowing through
the tunnel into No Name creek and to
town.
To do work one must work. Abuse
of others, charges of fraud, IN slead
ing statements, publication of cost of
water works etc, in other towns, or
J offers to bond substantial people with,
ont snreties on the bond) to build,
eqnip, operate and turn over to the
town cheap plant and other alluring
promises-all these nice things nor
any of them alone, do not in reality
mean anything. How the public re-
gard them was seen by the last peti
tion of the taxpayers.
One of the Oldest and most substan-
tial citizens Of Glenwood Springs, and