The Glenwood post., 1907-09-28
FULL TEXT OF WATER DECISION
Judge Cavender's Ruling In Important Suit In.
vo|ving the Waters Of Grizzly and No.
name Greeks Returned at Red Cliff


road. Since that time no work has
been done upon the ditch or ditch right
instituted properly in 1901. The ditch
was estimated to cost $65, 100000, that
is, the ditch and water rights. At the
rate the city has been going, it would
take nine hundred years to complete it.
The statute requires that due diligence
shall be shown, all the circumstances
of the case considered.
The judgment of the court is that
they have absolutely abandoned any
rights to Grizzly creek. They are gone,
if they ever had any. In 1901 they
started, | think, in good faith, and |
think they initiated right by the fl
ing of the plats but as Mr.. Napier ex-
pressed it, and | guess the facts are, in
the changing of the administration the
desires of the city have changed, or at
least the governing powers of the city
have changed, so the whole thing has
been abandoned, no diligence shown
and nothing done to obtain right, and
the court so holds.
With reference to the water which
should be decreed to this water com
virtually one wav, taking the evidence
of both sides. The concise, direct and
more accurate testimony of course was
given by the engineers who made ac
/ -
Mr.. Doolittlc, which was corroborated
| by the others on the same line,
same line of business. is that the
capacity of the fume, as l recollect it.,
was about 60 or 10 feet. That is not
all the tunnel would carry, but up to a
reasonable depth. and that the main
supply pipe would carry, under pres
sure, if full, in round numbers, 30 feet,
but that with the friction and the or
| dinary amount of air carried in it, ETC.,
his testimony is that it would carry
somewhere about 22.s feet, is my rec
olection-something of that sort. The
testimony is that when the canal was
running, or the fume, was running ~
feet and IS feet, all the water was be
ing used, and it was necessary to install
the steam plant or use the steam plant
for furnishing part of the power.
The testimony of Mr.. Doolittle also
upon the amount of water required to
run the dynamos or electric machinery,
in whatever shape it may be, was, theo
rctically, 1922 feet, but that there was
3 certain loss at all points with refer
ence thereto, based somewhat on the
condition of machinery and also the
loss by seepage, leakage, etc.
I The testimony on the other side, by
those who had personally Investigated
the subject, and also had some know-
edge from their knowledge of water
and water conditions, largely consists
of Mr. Dickson and Mr. Hymes Mr..
missioner, state commissioner for that
district, division engineer, and that by
reason of that he was familiar with
water and the amount of it, amounts
j used. and that he has made somewhat
/ of study of the amount of water re.
/ quired in Glenwood Springs. This was
in 1904, and that in his opinion as a
water expert, the city of Glenwood
Springs required from fourteen to IF
teen feet of water. Now, he was put
on by the city of Glenwood Springs as
their witness upon THAI subject. What
he knows about it I don't know, but I
judge he knows something from his Of
| fetal position; but that was his testi-
| mony introduced by the city of Glen
the one who supported and instituted
the present city plant, Mr.. Hymes, had
made an investigation of the subject,
that he had suggested Grizzly creek for
the reason that the water in Noname
r"eek had fallen below tbs require
! ments of the city of Glenwood Springs
-didn It carry enough water-and that
! Glenwood Springs required for water
and power purposes, according to his In
vestgation and the information he re-
ceived and which he believed to be
true 90 feet These are the two wit
nesses for the protestants, and if it
required any corroboration, it more
! than corroborates all the testimony in
reduced by the petitioner.
1t is the opinion of the court that
for the purposes of the power plant and
the city purposes it is necessary for
this company in properly carrying on
its functions to have the use of 1s to 19
feet of water, and by that I mean tha,
amount of water in their 16-inch pipe
To get that amount of water, allowing
the smallest amount of seepage by rea.
son of leaks, evaporation, mechanical