The Glenwood post., 1912-01-27
Big WATER FIGHT
IN RIFLE SECTION
Water Users From Rifle Greek
After Scalp Of Water CON-
missioner ". ]. murtIe
HEARING THIS Week

At the district court room before
Division Engineer Rosenberg was heard
a peculiar case, 1t being complaint
aaginst w. J. Murtle, water commits
sioncr of water district No. 80, and
plea for his suspension and dismissal.
The complainants were c. J. ).
Hoover, W. f. Hooker, o. P. Hickman
and Z. l.. House who appeared in be
half of themselves and other users of
water from Rife creek.
This is one of the few cases ever
brought in the state before an irriga.
ton engineer to oust water commits
sioner and the only case of the kind
ever brought in this division.
During nearly the whole of the irri-
CATION season of 1911 there has been
more or less opposition to Murtle and
the hearing this week is the culmma-
| ton of the dissatisfaction against him
ON the part of water owners who de.
clare that they have been greatly dam
y
DDS of distributing the water.
The complaint alleges that Murtle. in
the distribution of water, has been IN
| hnenced by promises of favors to dis
honestly distribute the waters Of
Rifle creek; that he has been guilty of
| INSTRUMENTATION in office, that he has
| tIllpI npulprtaI al
with and execute the orders of the
state engineer issued about August %,
I9ll; that he has failed, neglected
and refused to perform the duties
water commissioner and to distribute
the waters of Rifle creek during the
months of July and August, 1911, N
accordance with the decreed rights OF
the parties entitled to the same, AMI
has failed, neglected and refused to
comply with the legal demands and re-
| quests OF senior appropriations of the
waters of said Rife creek and to turn
| into the Pioneer, Grand Tunnel, Rifle
Creek Canon, Wisdom, Vetter, Raynald
| ''' ''''i 't''i's pul DH Inc cbUlTdTN
has unlawfully caused the waters of
said creek to be turned into what is
known as the Davie & McLearn ditcl
having junior right to the bitches
named and has thereby wronged the
compainants and others having prior
adjudicated rights.
/ These ware t,. .b ~,
creek farmers sought to prove against
Murtle and they certainly testified to
them IN very straightforward way
for the most part.
The trouble was principally the re
suit of an effort on the part of Dayie
~ &McLearn to have the water to whicn
, the Pioneer ditch was entitled trans
ferred up the creek about eight miles
and turned into the Davie ditch, they
TO pump water from Grand river o
supply the Pioneer ditch. This change
IN the point of diversion, or transfer
or exchange as the state engineer is
! pleased to call it, Murtle was orderc,!
| - '''' ''I'ii'' ohlN'IS 10 MAKE anu
this was part of his undoing although
the ranchmen claim this was by No
means their only cause of complaint
against Murtle's methods.
Murtle claimed that he had done his
very best to protect the claimants in
their rights, that the latter had water
to waste and did waste it and that the
hearing was simply deep laid pfot
and plan to get his goat
The case dragged over three days
| and there was considerable FEELING ex-
hibited 1t was a tedious case and
not exactly entertaining to any except
those especially interested in irrigation.
Judge Dollison represented the com
i plainants and C. W. Taylor defended
Murtle. The testimony was all taken
down by Stenographer Davis and the
entire record preserved. The matter
is now up to Engineer Rosenberg for
decision.