The Delta independent., 1913-08-22

AS the amount of water flowing in the
river increases, the total volume of
return water also increases, but the
percentage of return water as com
pared with the total flow at the head
of the district necessarily decreases,
that for the year 1910, when the usual
flow crossing the county line measur-
ed 400 feet, the percentage of return
water was decreased to about 2 per
pear that when there was that many
feet of Uncompahgre water coming
into District No. Al, the owners OF
decreed rights from that stream are
entitled to the Distribution of second
| feet, and wnen there wele second fee.
coming into the district. the owl
crs of r.,iorities were entitled to the
distribution of 500 second feet of wa.
ter.
During the month of July, 1913, the
records show that there was an aver
age flow in the Uncompahgre river
at Colona of 316 second feet of water;
that during the same period, there
was turned into the Uncompahgre
river from the Gunnison an average
flow of 1863 second feet. There were
diverted into the river 341 second
feet and 81 second feet passing Delta
of which at least 23O feet could have
been utilized. In other words, at
least $50 second feet of return wa
ter was available for distribution.
Based on the investigations, this
316 feet of water would be given for
distribution to priority holders, Alb
feet of water, had there been no
Gunnison water in the valley. AS a
matter of fact, there was distributed
to priority holders 472 second feet
of water, and there was an average
flow of at least $50 feet leaving the
district which could have been dis
tributed.
On August 5th, the following con
ditions existed: Uncompahgre river
water 537 second feet. Allowing 50
per cent return water on the 100 feet
in the river at Colona. there would
have been 155 second feet of water
for distribution TO priority. holders,
which would have practically supplied
priority No. 10. All priorities up to
and including priority No. % were al
lowed to run water.
On August 9Th, there was go sec
ond feet of Uncompahgre water com
in int ha cfrfa Tho fInu
as determined by the observations of
1910 amounted to 33 feet, making SO
feet of water for distributions to
priority holders, which would have
supplied priority No. TO- Priorities
up to and including No. 20 were fur.
490 feet of Gunnison water was turn
ed into the Uncompahgre river. Had
1t not been for this additional flow. 1t
is not believed that any priority above
No. 10 could have been supplied.
From the Investigations carried on
this season and those of former years.
l have no doubt that when the total
amount delivered is approximately
400 second feet, that every 100 feet
of Gunnison water put into the I'm
compahgre river increases the avail
able return water by at least 20 sec
ond feet or in other words, for every
100 feet of Gunnison water turned in
to the Uncompahgre valley, there
should be diverted for the benefit of
the stock holders of the Uncompahgre
least, 12O second feet At this time,
we are not obtaining the benefit of
this return water, or any portion OF
it, but it is being distributed in ac-
cordance with the priorities from the
Uncompaghre river regardless of the
source from which 1t is diverted.
The United States claims the right
to control and distribute or have dis
tributed as 1t may direct, all return.
seepage and developed water within
the boundaries of the Uncompahgre
project over and above that due to
to the natural flow of the Uncompah-
gre river
It is believed that you should sus-
tain this claim for the following reas-
ons:
brought into the Uncompahgre valley
is the property OF the United States.
Second-Because the increase in
the return flow of the Uncompahgre
river due to Gunnison water could
not by any possibility exist except
a. tnI Al,
United States.
Third-Because the United States
has never abandoned the return,