The daily sentinel., 1908-12-07

Declaring that he had been mis-
treated by the government in his eff
forts to build a big irrigation project
in this county, claiming that he has
been denied his vested rights, T. c.
Henry announces through the Den
yer Republican. that his is going to
put up a desperate fight for his
alleged rights. This announcement
comes quickly on the movement
Henry made last week to enjoin the
company that is to build the Orchard
Mesa project.
The Denver Republican is fighting
Henry's battles, deals with Henry
newest move in a first page article in
yesterdays Republican. We repro
duce this story as it is of keen local
interest especially as many local peo-
pie well know the fallacy of many
of the claims that Henry is making.
The article follows:
h To test the power of the United
Estates reclamation service to arbi-
= trarily deny rights-of-way across gov
-ernment land to private ditch and
canal promoters without giving ap-
plicants a hearing. is the intention
of T. C. Henry, Denver promoter.
Denial of such right-of-way for a
canal three miles across government
land to water 10000 acres above
Palisade. Colo. on the Grand river,
will be the basis of the test Mr..
Henry yesterday announced his in
tention to appeal the case direct to
the secretary of the interior, and then
TO the United States courts If the
reclamation service action is sus-
tanned.
Henry's project near Palisade
would irrigate the same land that the
reclamation service project there
would water, and also several thou
sand acres more. That his project
would interfere with the gov
ernment's work was the ground. Hen
ry states, for the rejection of his
application for right-of-way. Henry
claims that the statute compelling the
filing of plans and maps with an
application for right-of-way for
bitches and canals, across govern
ment lands, makes it practically
mandatory for the granting of such
applications. when the latter are
shown to be made in good faith for
the Improvement of arid lands. Henry
asserts that he will carry the matter
TO the United States supreme court,
and the final decision will affect
vitally all irrigation projects in the
country having to do with rights-of-
way across government land.
Ever farmer in the state of Colo
RADIO is interested in the action, de-
L. y.
right of the reclamation service OF
the government TO deny right-of- way
- for bitches across government land,
when proper filings have been com
= pleted and maps rendered, which, he
says, is in itself, a vested right
One year ago, Henry, after COM
plying with state and federal laws.
and at considerable expense, filed on
12OO second feet of water of the
Grand river TO supply "A tract of 2O,-I
900 acres of land above Palisade
simultaneously he made application
for a right-of-way across about three
miles OF government land for the
canal which was to carry the water
TO the arid tract. These filings pre-
ceded any action on the part OF the
government looking toward the irrl-
CATION of these lands or of any use
of the right-of-way by the govern
ment. ii is asserted by Henry.
The land department referred the
matter to the reclamation service.
After iderable delay the officers
of the service rejected the appllca-
zion for right-of-way on the ground
that the building of the canal might
interfere with "a project which the
government had in mind, but which
it had not yet started, namely, the
enterprise known as the Grand Val
ley Irrigation company.
From the rejection of his applica-
tion Henry has appealed to the sec
retary of the interior on several
grounds. The first is taat no facts
appear in the record to justify the
refusal to approve the application;
second, that he was turned down
without a hearing, or without an
opportunity to be heard, and thlru'
that existing federal statutes provide
that when filings are completed ana
maps rendered, there is vested
right-of-way. Approval by the sec
Oretary of the interior has no other
effect than to fix the location OF
water rights and establish the
ground, claims Henry and his at
torneys.
Henry says that the meat of the
cocoanut and the real motive of the
reclamation service is an excess of
zeal and arises from the fact that he
has the prior rights. The officers,
he declares, propose to nu1lify the
!. lawful appropriation of the waters
of the Grand, which he made prev
ious to any appropriation for the gov
ernment's Grand Valley project.