The chronicle=news., 1913-05-28

has existed for quarter OF cen
tury. Involving lands In Hucrfano
and Pueblo counties valued at hun
dreds Of Thousands OF dollars and the
pri0ritics OF practically all OF the
water Of the Hucrfano river and Its
tributaries are involved In litigation
now going on before Judge iioibrook
In the district court. Judge a ".
McHendirc IL disqualified from pre-
ton with the dei.ns. as an associ-
ate In the law firm of Norihcnti nnd
McHendrie. Shorn of legal ycrib-
age the contest hinges upon adJudi-
cations made In the third pudiciai
district by Judge Caldwell Ycaman
In 1857. another adjudication made
In the sixth judicial district BY
Judge Charles u. iiayt later In III.
same year. aud u third entered In
Huerfano county In lS.s. and which
adjudiraiions are nj yarlanc" and
form the basis for the present iitira-
tion.
For more than score of years
the water users Of iiucrfano and Pn-
chic counciics have quarrcicd Inter
mittentiy over their prioriti"s In
these water rights which include be-
sides tho Hucrfano river proper. tho
Santa Calara. the Cuchnr"s and va
ious other smaller streams. Arrayrd
In the prosecution Of III. csc Tor the
Pueblo county water users are Miles
saunders, \. 9. Packard. Dcvinc and
Preston and Hartman and i,niircich
all of Pueblo. Associated In the dc
sense. representing the ilucrfano
county water uscr~ are senator chas.
Hayden. Of WalsenburT. Judge J. e..
HchweIsert Of Canon City and Judge
J. q. Nogthcutt Of this city. TIL.
eases appsass upon the dock", under
tbe tseso 0f-J.-k kiacaid at nj. -.
JoAa e FisiAs. q 81.
The first move on the part OF the
pIaintitfs yesterday waS motion for
u change Of venue 10 Pueblo county.
Citations and arguments occupied
the early part OF the day and later
the motion was denied by Judge Iiol-
brook This was followed by nm cf-
fort on the part Of the defense to
secure an injunction against the use
Of the water by the plaintiffs pend
Ing an adjudication Of tn. rights
All the water In water district No.
l8 10 inviivcd. II includes the Doyle
ditch. the Field ditch. the Wci'on
ditch. the Hcrmosillo ditch. the fin-
crafno ditch and reservoir. tn" Ellis
ditch. the DasRcr;t ditch. the Pryor
ditch. the DoEtown ditch and the
kinscy ditch.
The first litigation begun In ref
crcncc to the adjudication OF the use
Of water In water district No. IL
was ~ suit started by Cash ID. Hen
derson of Pueblo county which was
heard by Judge Caldwell Tcaman In
this city in May. 1887. The court
named one ". p. Beck ms referee. a"'
thorizinx him to take evidence CON
corning the prioritics to the use o
water in the district and to rcpor
Of the court. Beck was engaged II
when in December of 1SsS he wa
taken III and unable to complct" III
duties. lie was discharged and on'
Theodore A. Sloane was named II
his stcud and completed the work re
ouired by law. Sloane prepared th'
draft OF n decree in accordance VIII
his findings and this decree was a'
forwards entered In the ustrlc
court OF Pueblo county.
First priority was given the i"!'
ditch. Priorities + and 10 were eN
en- the Field ditch. Prioritics am
Z were decreed the Wclton ana her
mosillo bitches respectively AM
priorities II and ~ were awar"e'
the Huerfano Valley ditch ana reser
yoir company and the Ellis ditch re-
spectiyely, There prioritics have TN
dergonc some change In name si"c
that time. The same decreec ga.
priority No. 2 to the Daggett u''co
No. 3 to the Pryor ditch. No. u
the Dogtown ditch and priori.,e
No. 4 and . to the insey ditch. III
decree also specifying the exact 'o'
ume of water which each pr'orn
was entitled to.
II is now alleged by the detehs
that no notice of any kind fthe "o
Indication proceedings was given
the owners OF ditchcs In hueri'',
county and that none Of the Huer''
no water users were given an oppo'
tun,ty to present their claims.
The second proceedings III re'e'
epce to these water rights began
December, 1887. when one Felipe
Cruz. a water user OF district NJ
16. filed n petition in the d'str''
court of the sixth judicial distric
sitting in Huerfano county. aski''
the court to adjudicate the wat'
rights of district No. 16 In Huerf'