The Delta independent., 1912-09-13
TUNNEL SHUT DOWN
TO FORCE AGREEMENT
NO WATER FOR THE FARMERS.
Alleged Misrepresentation of Water
by Commissioner Baxter, Was
Cause-TuEnel Shut Down
Two Days.

ernment Officials In charge Oh Ahe
Uncompahgre project, or Gunnison
tunnel as it is commonly known,
end the owners of two or more OF
the irrigaung canals which have
refused to come into the tunnel
project as carriers to the water
users, and during the latter PARK
of last week the matter assumed
serious proportions and 1t was
feared that many farmers and fruit
growers of the district would suf-
fer before adjustment could be made
1t is alleged that A ]. Baxter the
water commissioner was furnishing
tunnel water to several persons not
entitled thereto by reason of then
not having Joined in the unificar
ton of the bitches under the Uu'
compahgre project and in order 70
bring the question to an issue, q
/ I. Pease of the reclamation service
gave the order that no water be
turned into the government bitches
until a redistribution of water on
a more equitable basis was made. So
consequently the headgate of the
tunnel was shut down and no water
passed into any of the canals un-
til Friday evening following a mass
meeting of the water users and Off
GERS CT the tunnel project and can
ais. when a temporary understand
ing WAS arrived at.
Water Commissioner Baxter said
there is not enough water flowing
into this water district to supply
priority No. 20, the Ironstone ditch,
but the return waters from the
mesa and other points placed a suf-
ficient amount of water in the river
below Montrose to permit of sup
plying Nos. l9 and 20.
Rather than let this water go
to waste down the uncompahgre
river" said Baxter, Il felt it my
duty to give this water to the
Ironstone people. The state law re-
quires me to do this and l have my
bondsmen to protect. for a failure
upon my part TO give them water
when there was water that No. 20
could use running past its head
gate would have subjected me and
my bondsmen to a very large dam
age suit. The 115 feet of water
running down the Uncompahgre
river at the present time is suf-
ficient only for priorities as high
as / s and a portion of 19."
Another and much larger meeting
was held in Montrose last Satur-
day when 7. w. Mcneil was elected
chairman and f. d. Catlin secretary
after which c. T. Pease. engineer
of the Uncompahgre project. was
called upon for statement of the
controversy.
And the statement of that gen
tleman, according to the Montrose
Press, was that the people who
were to pay for the water for their
lands were the ones entitled not
only to the water, but all accretions
from seep. etc. He said that when
the water had been turned out of
the tunnel week ago on account
of break in the canal the supply
droped to priority 10. When the
break was repaired the supply arose
to priority 90.
He said that the water commits
sioner held that he was entitled to
use and distribute the water wheth-
er 1t came into the stream by seep
or other accretions. He held that
the people who paid for Gunnison
tunnel water were entitled to en-
Joy 1t and those who do not pay
shall not enjoy II. II was no con-
oern of his as he would not have
to those who did have to pay the
bills. as 1t would amount to
million and half dollars.
Commissioner Baxter stated that
he proposed to be governed by the
law until he is overruled. That he
found water enough in the river
to supply Priority 20 and he did so.
The following resolution, intro
duced by +. d. Catln. was adopted
after some discussion:
Resolved. that IL Is the sense
of the water users hero assembled
that the shutting off of water from
those entitled to It as n means of
Furnishing others for any purpose
Is detrimental to the interests of