The Greeley tribune., 1911-03-09
Is SENATOR CARPENTERS
BILL MENACE TO COUNTY?

is Senator Carpenter of Greeley
acting as agent for the water trust.
SAID to exist in Colorado, in father
ing the measure known as the
stinger bill'. providing for reser-
Voirs to supersede individuals in
priority OF water rights?
Senator Carpenter has not favored
the Tribune with copy of this bill.
which. 1t appears from reports from
Denver, was brought out OF commit
tee before Senator Cross OF Larimer
county had a chance to state his OBJ
)ections. After fight the bill was
referred back to the committee. 1t
probably will come up for considera-
tion some time next week.
Weld county is deeply interested
In irrigation. Perhaps a few reser-
voir companies are familiar with
what Senator Carpenter is attempt
ing to accomplish. but t. would ap-
pear that the voters who elected him
and those who opposed him are en-
tirely at sea regarding what he is
trying to do in the legislature.
The following from the Denver
Post OF last evening is of interest:
Forcing re-reference of the Car
penter irrigation bill to the commit
tee Senator Cross succeeded in then
changing the measure so that its
fangs were drawn. 1t was then re-
ported back to the senate Wednes-
loI t.
now on the calendar for second read
ing.
Senator Cross oontended that the
measure would overturn the entire
scheme of irrigation in Colorado in
the sole interest of the reservoir
trust that has come into existence
here of late years. He cited an
opinion of Attorney Frederick w.
Stowe of Fort Collins, an expert on
irrigation to sustain his contention.
The attorney says:
II have examined the proposed
amendment to section SO set forth in
said bill particularly. which amend
ment omits after the words any un-
appropriated water. not needed for
immediate use for domestic or irri-
cation purposes In my opinion, II
this act should be passed and the
amendment be put in force. the en-.
tire system and the law governing
irrigation would be overturned.
Immediate necessity is the
foundation and the basic principle
upon which rests the entire irriga.
ton law and system. Conservation
of water by storage in reservoirs ap
plies, and has always applied, only tt
surplus waters not needed for domes
tic use or direct irrigation; the sur
plus waters so stored are used mere
ly supplementary to the waters avail
able for domestic and irrigation pur
poses.
THE development of this stat
Is due largely to the rights OF set
tiers and land owners In the me-
and partially settled parts. to tn
rights under the laws to divert fror
the natural streams of the state b.
means of bitches the waters thereo
and apply them to their lands 70
irrigation, and to use the same 70
domestic purposes. The right shoult
not now. or should 1t ever be, inter
fered with as long as there is waite
in the stream for such use.
"As l understand this amendment
any unappropriated waters OF an!
stream in this state may be taker
now or at any other time during the
direct irrigation season, or at an,
other time, for storage purposes
This, you can see. completely over
turns the whole system of our irriga.
tion law, and in those portions OF
our state which are unsettled or only
partly settled, and the waters OF
streams are not fully appropriated
the door is thrown wide open to
large reservoir companies to enter
into speculative enterprise by con-
serving and storing all of the unap-
propriated waters of those rivers
and streams flowing through such
lands, and prey upon the settlers and
home builders of those portions, who
would or might be placed at the
mercy of such companies, and IN this
the state might be caused to suher
greatly on account of retarding the
development of those portions, and
the people of such localities would
be deprived of protection afforded
through the constitution of this state
and the existing laws now establish
ing an efficient irrigation system.
1.-THE constitution of our state pro-
vides that the necessities concerning
the use OF water shall be in the fol-
lowing order: First, for domestic
use; second, for irrigation, and
third, manufacturing, and through
out our entire system of irrigation
law, as above stated, the immediate