The Glenwood post., 1911-10-14
USE LESS WATER
SAYS ENGINEER
To Require Farmers to Irri-
gate With More Care and
Thus Protect Others
Not Hardship
AFFECTS RIFLE USERS

A water condition has prevailed on
Rifle creek the past summer which
should teach lesson which it seems
the ranchmen are very loath to learn.
We refer to the apparent belief on the
|part of many ranchmen that, having
been decreed certain amount of WA
ter they own that water and may use
the same constantly and almost with
|out regard to restrictions or conditions.
Nothing is further from the truth.
Such was never the intent of the franz
ers of our constitution nor the legis-
laws nor has such theory ever been
upheld by our courts.
water, as we usually refer to the pro
Iceeding, he is not really given title or
ownership in that amount of water,
but only a PERMIT TO USE THE
WATER, and more than that he must
use it judiciously and benefcially and
even subsequent appropriations have
some rights which he is bound to re
spect. One of the conditions which has
heretofore caused much trouble to the
irrigation officials has been the insist
enee or the attempt on the part of ap
propriators to insist upon using the
full amount of water decreed to them,
regardless of the amount of land thcv
might have under cultivation. OF
course it is easier to irrigate in this
way, but it is often damaging to the
land and nearly always works hard
ship on subsequent appropriations.
There is difference of opinion as
to just how much these questions Were
involved in the controversy on Rifle
creek, but as The Post understands It
the Situation was this: Davie & Nc.
Learn recently completed aeditch out
of Rife creek and in order to secure
water for same they arranged with
the Owenrs of the Pioneer ditch which
takes water from near the mouth ot
Rifle creek to pump water from the
Grand river to supply the Pioneer
ditch, the Rifle creek water Heretofore
used to supply the Pioneer ditch to be
transferred to the Davie ditch further
up the creek.
Objections were made on the part OF
the appropriations through the Rifle
Creek Canon ditch and the Grand Tuu-
mel ditch and protest was filed with
the state engineer and hearing before
that official was had on September 9
and the transfer was approved. 1t is
claimed by the state engineer that the
testimony showed that the protesting
ranchmen under the two old Rife
bitches were wasting considerable water
and that it is only right that the
should be made use of through the
Davie ditch or otherwise.
The Post is not advised as to the
parties in interest in the controversy,
but that is of no Importance. The real
question of value is as to the principle
involved. For the benfit of those. who
may entertain erroneous notions on the
subject we quote from Mr.. Cocstock's
decision and his letter to Division En-
gineer Rosenberg, authorizing him to
carry out that decision.
From the facts brought out and the
opinions expressed, 1 conclude that my
instructions to you contained in vari-
ous letters, to the effect that the Dave
ditch has right to divert whatever
proportion of the Pioneer water has to
pass the Davie headgate. were correct
and these instructions must stand.
-
"Neither these bitches Grand Tun-
mel and Rife Canon) nor any other,
hove right to demand the full amount
of water deereed to them unless they
can put it to beneficial use, and run
ming large quantity of water over
land so that considerable proportion
of it escapes below and wastes back
into the stream cannot be considered
beneficial us for all the water.
The water commissioner is charged
with the duty of preventing waste and
lack Of proper management of water,
which have just described, is un-
doubtedly waste.
cit may be easier for the farmers to
irrigats their lands in this way, but