The Glenwood post., 1911-12-16
RIFLE CREEK
WATER DISPUTE
Pioneer Appropriations Protest
Decree to Mesa Verde
Land and Canal Co.
JUDGE TO INVESTIGATE

An application before the district
court at the end of last week created
more or less interest and brought ont
a vigorous protest from some of the
pioneer users of Rifle creek water.
IT was the application of the Mesa
Verde Land and Canal company for an
adjudication to 80 cubic feet of water
per second of time from Re creek,
through the Davie ditch.
The Davie ditch is apparently owned
by the Mesa Verde Land and Canal
company in which Ed and Sam McLearn
of Rifle and R. P. Davie of Colorado
Springs are heavily interested. The
McLearns claim that they only want
and are only asking for whatever water
is left in the creek after all prior ap-
preparations have been supplied and
that they have no desire on intention
to interfere with vested rights and
therefore they do nov see why a pro-
test should be filed against them since
they say that practically every stream
in the country is over adjudicated, but
the last men to get DEGREES take them
with the understanding that they are
subject to all prior rights and that
they will get no water unless there is
enough in the stream to supply them
after all prior rights have been taken
care of, and that, following the usual
custom that is the kind of decree they
are seeking.
On the other hand the protestants,
including the Hickmans, Brosius,
Brown, Blevins, Gaylord, Hooker, Sin
ele and others, declare that the petit
TONERS know very well that there is
not water enough in the creek to supply
che prior rights, but that they depend
on influencing the wafer commissioner
to give them water to which they are
not entitled as the protestants claim
and sought to prove was done the past
summer to the great detriment of the
prOtestants
The petitioners ask that the 80 sec
ond feet of water be given them with
priority dating from March 90, 1909,
but the protestants claim that there
was not on that date nor has there
been since that time any inappropriate
ed waters in said creek for petitioners.
The protestants also deny that the
81, bo,
interest in the Davie ditch have ever
appropriated or applied to a beneficial
use any of the water of Rifle creek
through said ditch except such water
as has heretofore been appropriated by
and decreed to others They also claim
that the lands lying under said ditch
and the size and capacity of the ditch
do not entitle the ditch to so cubic
feet of water per second of time. They
further claim that water was noJ
turned into the ditch or used by the
stockholders of the company until July,
1911, and that such water so turned in
at that time was water to which pro-
tetsants have decreed rights and from
which they were wrongfully deprived
by the water commissioner in order to
supply petitioners.
In order to show the relation between
the Mesa Verde company and the par
ties having lands under the ditch,
Judge Dollison, representing the pro-
testants, introduced the articles of in.
corporation of the company and was
inclined to challenge the right of the
company to sue for a decree since
there seems to be doubt as to whether
the company is organized as a mutual
company under the laws of the state
or not.
At the close of the hearing Judge
Shumate stated that he wanted to in
vestigate further the character of the
corporation as he thought it best for
ell parties concerned that the question
raised by Judge Dollison should be set
tied at this time. G. W. Taylor, repre-
senting the petitioners, said he had
not gone into the matter of the incor-
poration Of the company since that
work was all done in Colorado Springs,
but that if it seemed necessary the
company would amend its articles Of
incorporation SO as to leave no ques-
tion as to its conformity to the state
law. C0unAel wara oivau kiyna in which