The Greeley tribune., 1910-02-17
RAMSEY DECISION OI
MUCH IMPORTANCE
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Continued from fasy "''
|ural water OF the stream Is the
water a tributary OF th( tream'
IIf # Is. appropriations arduon the
natural waters OF the stres "a nat
ural water course.
The primary subject to ,ue Is;
whether this water Is tr fary TO
the stream If it is. plat /. must
lot il alone; II it is not, b 'ay d.
vert IT,
am willing TO give Al 'struc-
tion or make declaratid u law
NOR ono cannot by AM ldirect
means, such as by the us( { wells
or bitches deplete the q km by
drawing water away from itream
other on the surface O& lnder
rr,urd Neither could one b ercept
"a subtCrraucan channel water
course flowing into the s bun. |
am willing 20 so still fuj b. and
say one could not construed lleries
or bitches on the margin b bank
along the stream and inteH per-
colating waters flowing j. the
stream The reason Is the me In
all such cases; il Is a dep ton of
the natural waters OF the am.
II the conditions were c that
plaintiff could use this wat( N his
land without first putting Id Ho the
stream, ! doubt If this SUI would
ever have been brought. 4 he
had q right TO use the wat( 'efore
turning il into the stream. d put
ting It into the stream d D. not
,hange or affect that right. fs has
. right to the use OF thd sream
o convey any and all water hich
le is entitled and puttingf into
he stream in no way AM the
light The question Is: had b any
light to the use of the wat8 It all,
nywhere, and not whetherf had
right to put IL into the str 10 and
axe it out again.
Nature did not make the& rface
i our country level and sind like
lawn. It is undulating W hum
reds of ridges and depress like
he ripples on lake. SuchE dlpres-
ions are not natural water Irses.
hey are sometimes called D tural
'ater ways. because any ter on
he surface would naturally such
laces. The continuous arti4 ap-
lication OF water to the has
aused seepage which natural inds
uch depressions. Waste wa4 nee
ssarily escapes at the ends OF dtehes
nd laterals. In irrigating Is of
rain and alfalfa water nee 'arily
tastes at the opposite endt the
eld. All such waste water nj ally
III find such depressions.
The general trend or pitcA the
and is from the divide towd d: the
tream. So that all such wAisr. II
ufficient in volume and cont nous.
must eventually hnd a strear& Aft
sr such water enters natiifai Water
'ourse, ii ceases to be artScial and
the water Of the stream
o supply the appropriate in the
'rdr OF their priorities.
But before 1t enters the stream it
nay be appropriated. the INST user
iaving the better right. No statu-
ory adjudication decree gould be
obtained for it. because such an ap~
'lication would necessary admit
hat ii was a natural stream and a
tributary of the river.
Our courts have repeatesly recoR-
lized the right OF any one 10 appro-
oriate and use the vast waters
rom tunnels, irrigated fields. iitches
md reservoirs. also the artific.al
eepage flowing in swails and depres-
ions; but no statutory adHdicatiou
iecree could be obtained ia- such
Use. That statute applies ouly to
he natural streams OF the state.
I find in this case the vater In
is not natural ,tream
,r water course. The land origtnal-
y was dry and arid. From artificial
application OF water to Ina soil
above, like the building Of dttches.
reservoirs and general irr,ation,
The land became seeped so the water
stood on the suface on 900 acres or
more an inch to three ana half
feet deep, which ruined the land.
There was no channel for It's ascape
prior to the construction Of Tho huIi