The Delta independent. [volume] (Delta, Colo.) 1886-19??, 1912-02-09
GRAND RIVER WATER CASE
PROMISES EXCITING CONTEST

The clash between the Henrylyn
irrigation district and the federal
government is becoming more SER
ious. Assistant United States Attoi.-
ney Ethelbert Ward, who is acting
for the secretary of the fnterior,
has been notified that the district
court at Steamboat Springs would
be asked to summon the gov
eminent before it to prove its claims
to water rights in the Grand river
Co., asserts prior title. Upon the
validity of the Intermountain com
pany's claims hinges the project of
the Henrylyn Irrigation district, as
the district has been granted all the
irrigation rights to water in dispute.
The Intremountain water COM
pany, in an answer filed to the
suggestions" presented by the gov
elnment in the suit brought against
the Intern ountain company and an
other irrigation corporation by the
Grand Valley irrigation company in
the district court at Steamboat
Springs, declares that the. 1000 GU
bic feet of water per second the
government has appropriated in the
Grand river for the Grand Valley
project has not been reserved in
compliance with the laws of Colo
RADIO. 1t further makes the conten-
tac
rights to water in any stream in
the state of Colorado except what it
acquires by conforming with the stat
utes.
Theodore H. Thomas, attorney for
the water company, in filing copy
of the answer with Mr.. Ward yes
terday, served notice that the com
pany would ask the district court to
set day for hearing the govern
ment's Suggestions" on their merits.
Thomas insists that the government
has filed a bill of intervention, not
a bill of suggestions. The govern
ment attorneys say that an appli-
cation to hear the government
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court has no jurisdiction over the
government.
If the application is granted, the
courts action will be ignored by the
government. If the court later re
fuses to recognize the government
claims and adjudic ltes the suit with
out taking them into consideration,
the government will ask the federal
court to interfere and protect its
rights.
The plaintiff in the suit. the
Grand Valley Irrigation Co., is con
testing a decree awarded to the In
termountain Water company, sus-
tanning it's priority to the use of 700
cubic feet of water per second from
the Williams Fork, tributary to
the Grand river.
OF the 700 feet the Henrylyn Ir-
rigation district has been granted
the water rights, while the company
hes reserved the power rights. The
government in its bill of sugges-
lions asserts that the secretary of
the interior has reserved from fur
Their appropriation and set aside
for government purposes 1000 GU
bic feet per second water in the
stream and its rights have priority
over the Intermoultain companys
1t declares that within the water
sheds of the rivers involved are
large tracts of Indian lands and res
ervations and all rights in the use
of the water in the streams and
their tributaries have attached by
treaty obligation to these lands. The
water company alleges in its ans
wer that unless the water has been
regularly acquired by the govern
ment in conformity with the state
laws, it cannot be claimed by treaty
obligation.
Assistant United States Attor-
ney Ethelbert Ward stated that the
government was not intervening in
the suit
I'VE are merely warning the cour
to beware in the final adjudication
of the case of interfering with the
governments rights" said he, and
when we want our rights adjudicat-
ed we will go to the federal court.
No state court has Jurisdiction over
the government. OF course. if the
court takes no cognizance of our
rights. we will call upon the federal
court to protect u.s."
eff the government is not inter
vening in the suit | would like to