The Idaho Springs siftings-news., 1906-10-27
TO FIX PRIORITIES
OWNERS OF WATHa RIGHTS IN THIS
DISTRICT MUST GET BUSY.
CASE TO COME UP NOVEMBER II
OBJECT TO PROCEEDINGS AND CUES
TON COURTS JURISDICTION.

the district court III Denver Tues
day, the petition of the Rock
Flour Milling company, of Golden,
for the adjudication of priorities
of right to use of the water for
beneficial purposes other than
irrigation, in and for water dis.
trict Nu mber 7 was before the
the court. The various owners of
water rights on Clear Creek and
tributary streams, including
those having plants in course of
construction were represented by
Denver and local attorneys, who
we're to file with the court state
ments of their claims as made in
their appropriations under the
terms of the last acts enacted by
the state legislature governing
water rights.
Fully thirtv attorneys from
Georgetown, Central City, Golden,
Denver and this city were present
and they collectively opposed the
petition on numerous grounds.
a motion denying the jurisdic-
ton of the Denver district court;
a motion for a change of ven nue
and a motion to dismiss because OF
no publication of the notice hav-
ing been made in Gilpin county
were filed with the court, and
Judpe Palmer announced the case
would be postponed until Novem-
ber II, at which time arguments
upon the matter Of the Jurlsdic-
ton of his court would be heard.
The action of the Rock Flour
Milling company in attempting to
have an adjudication Of priorities
made at this time. was brought to
protect its own rights to the use
of the water at its milling plant
in Golden, where several head
gates above the point of intake for
their fume, might deprive them
of the use Of water for pow
er purposes. The attorneys tor
Rock Flour Milling company were
therefore somewhat surprised to
find in the neighborhood of hun
dred aud fifty claimants repre-
sented in court when they only ex-
pected three or four. The litiga-
ton will probably be pending III
the courts for protracted period,
as there will necessarily be con-
siderable controversy over the
rights to water when the storage
reservoir are constructed to i'm
pound the flood waters to be re-
leased during the irrigation
season.
On account of the new inter-
state railway law. the railroad
Companies are compelled to charge
demurage on cars delivered in the
Yards, after period Of 4s hours.
The law will work a hardship
upon many of the local shippers,
especially during the winter
weather such as we have expert
enced during the past week. In
one case, the Old Town mine
has several cars of ore in the
yards, aud the ore was badly
wanted at the mill, but the freight
crew was too busy to place the
cars on the switch at the Jackson
mill, the consequence was that
the Old Town management was
compelled to pay $22. 40 demurage
for the time lost while the cars
were in the local yards and in
accessible The unjustness of this
city that can be hauled by wagons.
There is very little difference in
favor of the railway in the matter
of the transportation charges, but
when the demurage is added it is
much cheaper to utilize the team
sters aud wagon roads.
Iohn G, Roberts, the pioneer mill man.
was in the Denver burg the latter part OF
~ week consulting with the n machinery