The Idaho Springs siftings-news., 1906-02-10
Seeks to Retain Water Rights.

On TUESDAY Of this week an app'lra-
ton for temporary res raiuIng order
vas fl IN the district court by l.
| >ttrnberser, through his counsel, Dis
trict Attorney j. " B. Smith, to pre-.
vent Albert II. Ristedt and the United
! G Ii Mining, Milling and Tunnel com
4 pary, from approptittInS water IN FaE
river aud conveying it across one mile
ot the creek ted owed bv Mr.. Stern
berger and the Pennsylvania Mining
company # Colorado.
Mr stedt, Who is the supeiints n
dent of he United company. on Nov
eniher 70. 10 :, took up water right
for dou.s ic purposes and power, two
miles above the company 5 mill the head
gate being located O the Mammo,s; lode,
old patented claim which crosses Fall
rIver. The appropriation made by Nr.
Ris,edt was for E. 600 inches 10 be con
vesed by ,. inch pipe llue a distance
Of fo,5 feet aud having fall Of 3oI.5
feet; the estimated cost of Construction
being placed at S., 900.
The complaint alleges that prior
water night exists which was taken up
on August /, 1881 by W ". Ramsge
for the opera ion Of a stamp mill, the
Appropriation at that lime covering q s
feet of water per second OF time; that
this water right together with other
property was acquired by plaintiff some
ears ago, and that the water so appro-
priatt d as since been used for irrig4-
tipn and other purposes. The compliant
rgc.tes that the plaintiff owns nearly oue
mir ot the bed ct the creek below tn,
head gate nd oam erected by the de
trndant, aud ii not granted relief the
plaintiff viii be de eprlved of the Use of
the water for lr.ig ttion and power pur-
pos-s
The compl2lnt further recites that the
dam erected by defendants is locat, i but
thirty tert above tie !ula.e Of ditch az
preparation made sI years go, aud it Is
the intention of the pla'nuh TO use and
convey all Of the water to the portal OF
the lennsy wanna tunI el one mile below,
for the purpose of furnishing power for
driving the tunnel, the br>ast of which
Is already III over 1000 feet; that the
plAlnutt Is the owner of over 2op patent
ed ode mining claims, located ON and
ADJOINING fal. river, and that he viii be
dlulaged possibly TO the extent Of <Ioo.
o II the defend ants are lowed to con
vey the water across his property. The
piainIIf asks that Albert II Ktstedt
aud the United G. NJ ". & 7. COM
pany, be restrained from cousttuc1in
the proposed line aad that he be awarded
damages IN the sum OF $1,000.
The Gaze will be head by Iuige De
France in chambers at Cod, IL on We'd
nesiay, February IA.
The case has aroused ccn.,aeiable
interest IN that 1t involves the standing
OF the water rights OF numerous duches
and fumes taken up years ago. The
exact status of these have never been
fully determined by the courts. The
litigation will uudou btedly involve othef
property owners on Fall river where the
water Is taken across placer or lode
claims, the owners of which naturally
Object TO others crossing their claims
"lth fumes OF pipe lines, or utilizing tie
water Which they believe, under the com.
non law al least, belongs 10 them.
The appropriation Of water is made by
Mr.. Risttdt under Chapter l2o Of The
Session laws of 1898. 1t is Claimed tha
when the owners of the land receive,
their titles irom the government Unitet