The Greeley tribune., 1911-11-09

dawn in this case, by the Hon. Jonn
uo nresent Chief Justice oil
No Sunreme Court, certain veil de-
Ia nrinciples to govern the use OF
Ter Inv appropriators were clearly
,,,ted The sist OF the opinion ne
49,, that II must be shown that
Itch was drawing more water on
its nnpropriation, either In quantity
~ in time. to establish an enlarged
use. that the fact that ditch was
.toring part OF its appropriations
ia nat proye an enlarged use. In
the case under consideration. the
violence showed that the Dry creek
mitch had always called for all the
,yater to which it was entitled on its
, ,nnropriations before the reservoir
company bought the three anu
three- -Iourths shares; and that after
the purchase thereof. the Ditch con.
timed calling for all its water: ana
here having been NO enlarged use
proved by the testimony in the case
if did not concern junior appropri-
ators what use the Dry Greek Ddtcn
mt it's water supply to. even though
mart or all of its water supply was
stored in a reservoir. diverted there
from into another ditch below. and
transported out of the county for
use on lands under another ditch
and situated in another county. And
10 the best of my knowledge that
decision has never been modified or
reversed by our supreme court, and
is the law of the case to this GOOD
day. See the Cache La Poudre Irri
eating company vs.. The Larimer d
0ir Cnnnpnv De Colo.
Reports, PIP. 144-154.
1t can also be truthfully stated
that for twenty years after the con-
struction of Terry Lake, and until
the present unfortunate controversy
arose, there was no occasion for the
owners of this reservoir to assert
their rights to store water as against
Junior bitches, for the excellent rea-
son thai there were no bitches from
Fort Collins to the state line. with
DEGREES later tnan the appropriation
or decree for Terry Lake, SO that
there was no occasion for any argu-
ment between the owners of the res
ervoir as to their rights under the
reservoirs decree, or appropriation.
and the rights of junior bitches un-
der their decrees: and this being
the case, in what manner will the
recognition of the constitutional
rights of reservoirs injure the ditch
onwers OF the Lower Platte. every
one of them being senior to the res
ervoirs at present constructed?
Getting back to the Carpenter
law. it merely provides that reser-
voirs may store water when not
needed, or demanded, by senior
bitches and senior reservoirs. l be-
lieve as stated, that it is simply
stating their constitutional rights;
that it is The law now; that the law
of 1901 is unconstitutional. l un-
derstand that the governor of the
state. himself good irrigation law
yer, holds this view of 1t.
In consideration of what l have
stated. il you agree with M, yol
should get out and hustle for the
adoption of the Carpenter law. And
YOU should organize, and secure the
cooperation of every ditch and res
ervoir owner in the state. Don't
waste any time arguing with men
whose interests are opposed to
yours; and don't stop to try and
persuade men who have gone on
record against the law. Their eyes
are "sot"; use your influence with
ldisinterested, unbiased voters, not
directly interested in either bitches
and reservoirs, and whose minds
are open to conviction. Put in your
time with such voters: and explain
the law to those who should be with
US from motives of self Interest,
and who haven't looked into the
subject, and who are either too lazy
or too busy to do so. And In cast
ing your votes for state and district
candidates for official positions.
favor your friends regardless of
politics. If I lived in this district
I would cast my vote for Judge
Gamble, a republican. and for Judge
Graham. democrat. both Of whom.
In my judgment, have rendered
specting an irrigation season and a
storage season. and the latter, re-
Dpecting the right OF an appropriation
20 store hts water during the irriga-
ton season. under certain condi-
tion;. in conformity with the su-
preme court decision in The Cache
la Poudre Irrigation Company vs..
The Larimer & Weld Reservoir
oOubRoAJ opONc ScL ana W0At
II known as the Seven Lakes case.
l would like now, If have not
exhausted your patience, to make a
few comments respecting the heat
ed controversy which has been 60
ing on for over year and is still
In progress, regarding Judge Gam
ble's storage season decision. First,
wish to state that in my humble
opinion there was never the least
excuse for this row that has been
stirred up. and which has arrayed
one section of the state against the
other; that has cost thousands of
aollars IN attorneys fees, witness
fees. court costs. and the like: the
bitterest. neanest water fight / have
ever known in this state, and l have
lived hero over forty years, and \
great portion of that time been mir
ed up In some sort of a suit over
water rights. Let me explain what
Il maan 1au,l