The Lamar register. [volume] (Lamar, Colo.) 1889-1952, 1909-06-16
HOT FIGHT OVER WATER RIGHTS
GOES TO COURT.
Farmers Under Bob Creek Canal Be-
gin Suit Of Interest to All
lrrIoators Of the State.


Pueblo, Colo. June 12.-Charging
that the Twin Lakes Land & Water
company has mismnaaged the affairs
Of the Bob creek or Colorado canal
suit was entered against the com
pany by several farmers OF Otero
county In district court here today.
The plaintiff asks for an injunction
restraining the company from dispos-
lag of any mo. e water rights under
the canal and asks the court to allow
the water users under the canal TO
form an independent corporation and
take over the canal
The plaintiffs represent about ~.
900 acres OF land and millions are in
volved in the litigation. The sAi
is the most important in irrigation al
fairs that has ever been filed in Col
orado and it is thought that this
suit Is but a forerunner of other H.
tigation which will keep the court
busy for months.
The Bob creek canal Is owned by
the Twin Lakes Land Il Water CON-
pany, but the water rights for an I'M
mense tract are owned by private
consumers. making the canal COM
mon carrier with water as commo-
dity. The plaintiffs state that the
company has been selling water
rights on the canal on the claim that
the canal Will carry more water and
does carry more water than is approI
rated for the use u the plaintiffs.
Briefly the complaint OF the farm
ers Is that the Twin Lakes company
is selling nights beyond the capacity
of the ditch and that their water
rights should be given first consider
alton. The plaintiffs 1t is set forth
are members of the Bob Creek Farm
ers' Protective association and the
petition, which covers 40 typewritten
pages, recites at length the various
steps by which the Twin Lakes COM
pany secured control Of the canal
from the Colorado Land & Water
company.
The farmers who are plaintiffs
have had surveys made with the ex-
pectation OF bringing the suit and
t. is stated that the engineers believe
it will require an expenditure of at
least 100000 to put the canal in
good condition
The canal takes water from the
Arkansas river In Pueblo county. 1t
is AZ miles long and ends in Horse
creek. The ditch was projected to
extend east Of Horse creek and it Is
alleged that the company has been
selling or attempting to sell rights
for land east of Horse Creek. The
plant lifts sum up their demands as
follows:
That an order be issued permit
ing the plaintiffs to sue not only for
themselves but for all other water
right owners under the Bob creek
canal; that temporary injunction
be granted restraining the Twin LAX
es company from selling any other
rights for the distribution OF water,
or from attempting to operate the
Sdudi east vi I1OiSt STteh, tudt a
receiver pending the litigation be ap-
pointed who shall take fun charge of
the canal; that a referee be appoint
ed to hear the case; that all DEGREES
in excess OF 500 S0-acre rights be
cancelled; that the Injunction be
made permanent and that the court
turn over the Bob creek canal to the
water right owners or to a corpora
ton to be formed by them under the
supervision of the court. In addition
the plaintiffs made a demand for a
full accounting by the company of
all particulars of the business. The
canal in question is but small part
OF the immense property OF the Twin
Lakes company.