The Glenwood post., 1907-05-11

town would put dcwn a cement cross
ing across Tenth street. This the
board agreed to do
Fl. j. Holmes then took the floor
and stated that the GIenwood Light
and Water company had applied for
an adjudication to the waters OF
Grizzly creek and that they we're to
have hearing on their petition be-
fore the district court at Red Cliff
June 3 and asked the board what they
intended to do about it. DR.. Clark
asked Town Attorney Taylor as to the
status of the case. and Mr.. Taylor
made very fair as vel as a perfect
| ly truthful statement in regard to tine
matter.
He told Of former attempt of the
town to adjudlcate the waters of
Grizzly by the filing of a petition and
of the ruling of the court requiring
notice by advertising in every county
in the water district. This he said.
would have required a great deal Of
expense which the board did not feel
at liberty to contract. In the mean.
time the company connected Grizzly
with Noname creek by large tunnel
and diverted and appropriated the
waters of Grizzly creek which were
now being used in the town of Glen
wood Springs. Later an extension of
franchise was granted the Light and
Water company by the town council
and afterwards the action brought by
the town to decree the Grizzly water
was dismissed by order of the board
and the town at present had no stand.
ing in court.
He said the town had made no
valid appropriation of the water>and
would not be entitled to decree
while the company had diverted and
legally appropriated the waters and
would undoubtedly get their decree az
prayed for. He thought the only
thing the town conld do if it wished
70 do so was to represent to the court
that these two streams constituted the
only available sources of supply for
pure water for Glenwood Springs aud
it's inhabitants, and said it might not
be out of place for the town to ASK
that the decree be SO drawn as to pre-
vent at any tire the waters, especial
ly of Grizzly creek, from ever being
diverted away from Gienwood Springs
and the use of its Inhabitants 80 long
as the town needed it. AS there has
never been any intention at any time
on the pant of any one to do or attempt
to do other than this. Mr. Taylor's
suggestion was warmly received by
the council, and Mr.. Lucas at once
made motion that Mr.. Taylor repre-
sent the town at the hearing and ask
to have the decree drawn in accord
ance with mis- suggestions. The mo-
tion carried unanimously. and this be-
ing so much less than the action Mr..
Holmes desired to have taken, the
gentleman dropped his head and re.
tired without waiting for further bus
mess.
The question of cheaper rates to
Glen wood was brought up and Mr..
Kamm said Mr.. Vallery had stated to
him that the Midland would be glad
to make very low round trip rate
from Denver to Glenwood even as low
as IS if the Rio Grande would agree
to it. The clerk was instructed to
take the matter up with the railroads
to see if a cheap summer rate could
not be secured
Henry B-owu made complaint that
the old house next to his property was
in very bad condition and leaning
badly, and said the clubhouse was a
nuisance and a menace to health. He
asked that Senator DeLong, the own
er of this property. be required to put
it in condition and connect it with
the sewer. The place was declared
nuisance by the council and the clerk
instructed to notify the senator that
he must at once ahate the nuisance or
it would be done by the town and the
expense taxed to the property.