The daily sentinel., 1909-07-22
INJUNCTION ISSUED AGAINST
MANY ORCHARD OWNERS
CONTINUED from First ragel


OF the organization. in the interest of
all the orchardists, decided TO divide
the district into subdistricts and on
certain days furnish water to differ
ent localities. The board passed 4
resolution setting forth this decis-
ion and acquainted all of the land
owners with its provisions.
The district was divided into four
sections, the first section embracing
| headgates / to IA the second sec
tion, headgates as to 125. third sec
tion. headgates 126 to l6I. and the
fourth section all headgates west OF
headgate No. 161.
The land owners and orchar rdists
were formally notified not to inter-
fere with the headgates in. any way.
but to leave that to the employees of
| the district This was also made
plain at a mass meeting.
II is charged that the defendants
named in the complaint refused to
abide by this order. defied the board
the superintendent. the ditch riders.
refused to permit the ditch riders or
other employees or officials to close
the headgates near their ranches, but
persisted in taking water when they
wanted II and as often as they de
sired. and in whatever Quantities
| they desired. No attention was paid
| to the rule.
AS result of this defiance and
disregard for the regulations. il is
alleged that all the orchards in the
| west end of the Palisade Irrigation
| District, those near Grand Junction
and Clifton and embraced in what is
| called water section Nod of the dis
trict, have been without water. have
suffered greatly and are still suffer
ing: that unless water is allowed to
flow to these orchards in their turn
and unless the defendant growers are
kept from helping themselves as they
see fit to the water. then the or
chards in the west end of the big dis
trict will be ruined or irreparably
damaged.
Therefore the court was asked to
issue an injunction preventing these
defendant growers from taking the
water, from interfering with the
headgates and from violating the reg
ulation established by the board OF
directors.
The application asked that first a
temporary injunction be granted as
the situation so far as the growers
who are deprived of water is con-
cerned. is growing more serious from
day to day
The complaint and application set
forth that not all of the defendants
are named, owing to the large num-
ber and owing to the time II would
take to identify all of them.
Judge Sullivan, after hearing the
| complaint. and after the board of di-
rectors had provided large bond.
this afternoon issued aNemporary in
junction. such as asked for. and or
ders that the defendant growers
cease at once and forthwith from in
| terfering with the headgates or per-
mitting water to flow into the later
ais without the consent of the board
of directors or authorized employees.
The court announces that the hear
ing of the application for anperma-
lnent restraining order will take place
ON July %. next Tuesday.
II is said that large number of
attorneys will be involved in the
case. The granting of the temporary
4 injunction has created a decided SEN
sation this afternoon.
| The struggle between the officials
OF the big irrigation district. acting
as they claim in the interests of
scores of orchardists who are suffer-
ing from a lack of water for their
trees, and those prominent growers
owning fine orchards near the east
end OF the district, will be watched
| with interest throughout the state.
II is said that the refusal of the
| board to comply with the request
| made by many of the growers in mass
meeting assembled to open all head
gates at the upper end of the valley,
allow each grower to have his full
complement of water every day. and
10 secure new ditch rider. caused
much Ill feeling, but the officials de-
ciarS that this action would only
| benefit the growers in the upper end
OF the valley. while those further to-
| ward Grand Junction would suffer
most disastrously and the board
claims that 1t is doing all in it's pow
J er to protect every orchard under
| the canal, and this plan of dividing
the waters will result in all the or
chards being protected.
Among the persons named as de-
fendants are the following: ]. II.
Divine, S. e. Wright. F. w. Wright
Hughes. RAFT. A. n. johnson, Can
non. Tost, Holt George w. Bownfa n
Charles Walen. Mrs S. ]. Stokes.
William Hubbard. Snipes Brothers,
Frank Moreford, George Ellis, Car
namn, Mothon, w. l.. Barnes. c. A.
Potter, c. A. Day, H. II. Winger. ID,
Freemyer, II. S, Day. H. ID. Winger.
! Frank Davis, Palisade Fruit & Land
company, G. ii. Hodges. ID. Borat. w
Aller, S. Roe. w. Watson, Speller
Midget, Bass. Bobaok and j. H, Grif-
fifth.