The Glenwood post., 1907-11-09
REPORT ON WATER QUESTION.

The regular monthly meeting OF the
Glenwood town council was held Mon
day evening and was almost entirely
without incident. In fact, SO tame
was the session that no discussion was
started and everything passed in such
harmonious fashion that the meeting
was soon over.
Town Clerk Keck was absent but
Elmer Lucas, as clerk pro TEN. looked
after the clerical work. Trustees
Clark, Showalter, Oldenburg and Lu-
cas- answered to their names at roll
call and Mayor Schwarz presided.
After the officers monthly reports
were read and approved the usual grist
of bills was presented. One for Chas.
Swartz for scavenger work done at
the instance of Mrs. Mary Clarkson,
required little explanation, but was
paid, and resolution passed which
regular taxes against the lot in ques-
tion.
Then came the only matter which up
to this time had even prompted anyone
to ask question. Town Attorney
Taylor submitted his report of his con
duct in connection with the adiudica
tion of the waters of Grizzly creek,
which report was, as the lawyers
would say, in words and figures as fol
lows, to-wit:
Nov. l, 1907.
"Glenwood Springs, Colo,
''To the Honorable Board of Trustees:
"Gentlemen-Co Concerning the action
taken by the undersigned in pursuance
of authority given by the board to en-
ter appearance in court in the matter
of the adjudication of the waters of
Grizzly creek by the Glenwood Light
and Water company:
'.Protest and motion on behalf of
the town was prepared and filed in
court at Red Cliff, Colorado, and on
June 3, 1907, at Red Cliff Colorado,
the court appointed July l, 1907, at
Leadville, Colorado, in chambers, to
hear the motion of the town; on July
|. 1907, the court both sustained and
ovcrruled the motion in part, in that
it ordered the company to publish no
tice and begin its application over
again. and at the same time the court
retained jurisdiction of the case and of
the parties in court. and fixed Septem-
Der IS, 1907, as the day for hearing
the matter on its merits. September
10, 1907, the te timony of the Glen
wood Light and Water company and
the Town of Glenwood Springs was of
fered to the court, and the court de
cided in substance that the town had
no existing rights to the waters of
Grizzly creek, and that the Glenwood
! Light and Water company, by its dill
igencc and work, had acquired right
to the waters of Grizzly creek sufficient
to supplement its right out of Noname
creek of 10 cubic feet of water to make
up 30 cubic feet of water per second of
time. The formal decree will not be
entered until next December, but the
petitioning company We're instructed to
prepare the decree along the lines
above indicated. All rights as to ex
ceptions were understood to be re,
served. Any further steps in the mat
ter will have to be taken on appeal to
| the supreme court. If the board desire
any further proceedings on appeal to be
taken in this matter, resolution to
that effect will be necessary to author
ize such action.
Respectfully submitted,
"CHARLES w. TAYLOR,
"Town Attorney
Mr.. Taylor was asked to explain
| what could be gained by an appeal and
he very frankly stated that unless the
supreme court should hold that the res
dents of the town, by reason of being
users of the water, We're the legal ap-
propriators of the same and therefore
entitled to the decree, nothing whatever
would or could be gained. Asked
whether he believed the supreme court
would so rule, Mr.. Taylor very adroitly
evaded an answer by saying that if
the supreme judges so ruled they would
have to decide directly opposite to the
ruling of Judge Cavender. Then Mr..
Taylor was asked point blank if he
could recall any such ruling and he
honestly admitted to the board that
he could not recall any decision where
parties who used water but owned no
interest in the ditch, hume or pipe line
conveying the same, were adjudged to
be the appropriations of the water.
Mr.. Taylor has looked the matter
up very carefully and of course he
cannot remember any such decision, be