The Greeley tribune., 1911-11-09

below them can use, and when water
;s running out of the state. TINS
condi,ion sometimes prevails anu
at such a time they ought 70 use VIZ
water to the full extent OF thsii
CARRYING capacity. and apply 1t ul,
rect to their lands. and we wouiu
all be glad under such circumsta hees
to see them do SO. But let US sup
nose that the next season there is
no surplus water-not even loF
hours-if reservoirs
built before their ditch was ouilt
and who appropriated the flood wa
ters of the Platte and used them be-
fore a furrow was plowed on the
stanley Ditch are to be served first.
hat happens: The Stanley Lake
owners can say to the State Engi-
neer:
Shut off all the storage
reservoirs up above US on the
main stream or it's tributaries
from storing water, Mr. State
Engineer. Close down Lake
Cheesman; stop the AnteIo
Reservoir from storing 100
Yes. and as to those reservoirs
who are now storing water on
the BOULDER, St. Vrain. Big
Thompson, Cache La Poudre
and on the Lower Platte River
jackson Lake, the Empire,
the Sterling, the Jumbo-the
whole kit and pack of them,
shut them off before you refuse
to let us draw water for direct
irrigation because prior bitches
below and above US need the
water Just supply these SEN
ior bitches with the water these
reservoirs are using before you
refuse to let US draw for direct
irrigation. Because, Mr.. State
Engineer, the law of 1901 says
that no reservoir can store wa
ter, no matter when construct
ed. as long as any ditch, wheth-
er built before or after such
reservoir, calls for the water
Tor direct irrigation
Now Senator John Cross, and
my beloved brother, the Hon. J.
Max Clara, of Greeley, one OF the
best brothers in the world, and in
whose Judsm / have great conf
1ence, because / think he 10 right
more than half of the time, may
.hink that would be justice; but
1on't, nor do believe the Supreme
Court Will look It It that way thsn
the matter is nnally before 7nem
for their determination. And right
here let me make the prediction,
that if such a condition ever comes
to pass, you will hear roar go up
from those reservoir owners on the
Lower Platte, around Fort Morgan,
Brush, and Sterling, in comparison
with which the roar of the Niagara
Falls will sound like the gentle
of the summer breeses!
And l wish to remark at this juno
ture that my brother II mistaken
when he states that for years after
the construction and use OF the Tim
nath Reservoir, by the old Union
Colony Ditch No. 2. and the Terry
Lake Reservoir, by the water right
owners Of the Larimer and Weld
Canal, those interested IN these res
ervoirs never asserted at any time
the right to store water when de-
manded by any ditch, for direct ir-
rigation, whether junior or senior
to these reservoirs He is the last
man in the world to assert some
thing he knew was wrong, he has
simply forgotten. that is all. Let
me remind him, and Others who
take his view of this controyersy.
OF some litigation that ensued be-
tween the old Union Colony No. 2
Ditch, Tin which he was then inter-
ested. l think) as Plaintiff, and the
Larimer 4 Weld Reservoir Com
pany. as Defendant, the owner of
Terry Lake. l will state it as briefly
as possible to be understood. THE
said reservoir company had pur-
chased three and three-fourths
shares of the capital stock of the
jackson Ditch Company, owner. of
the Dry Creek Ditch, out of a total
OF "a shares One and three-fon =.
snares OF this stock was acquired hv
tne defendant reservoir companv In
obtaining the site Of its reservoir.
ana Two shares were purchased from
MT. Z. Alvord, without any land
accompanying them. The apnronri-
alton OF this little ditch. some Van.
ty-four second feet, was sen;or ~
the appropriation Of the nIsi,.sT
b1AJ' Auey sued to en- min
the storage Of the water reDresentad
Dy these shares during the irries-
tlon season. at such times aa ,hav
were short of their APPROPRIATED IN
ueSiaihg the case, Judge Downer
ru!ea' mat as to the water obtained
win the one and three-fonrth. !.
shares that had been used for va.r.
ny Messrs. Black and Terry on he
land the reservoir company mr.. M
chased for reservoir PURPOSES p tS.t
water could be stored; but as 10 tho ths
water represented by the two sS.ras ~ ,ne
bought of Mr.. Alvord, designataS ss es
loatihg rights. that water sbnrid
not be used; and he enjoined ,.s
use by storage during the irria. us 10
season. Both plaintiff and de'sS
ant were dissatisfied and ,peas'as me- emu,
10 the Court of Appeals wh;ch %
court sustained Judge Downer .n ~
the one and three-iourthe as ~
ana reversed him as to the "'.sS, 80
snares purchased from MIR 49,. wS
rullng in short. that the wntar o.u' u.u
resented by all the shares mipb, ~ ~
stored by the owners of TER sp' 20 20
during the irrigation season Nske M0
Ditch then appealed fron, No.