The Glenwood post., 1913-12-06
Rifle Greek Water Users
chsrge irrigation Officials
With Illegal Conduct
CASE IS HARD fOUeHT

The case of John Hickman and otht Z
users of water from Rifle creek ayains.
w. J. Murtle as water commissioner,
being in the nature of an injunction
suit to restrain Murtle and his super
iors in Office from diverting the waters
from Rife creek into the Mesa Verde
ditch, is now on in the district cour.
for final hearing.
This case has claimed considerable =
attention during the past two or three
! years and its final determination is
considered of the utmost Importance
to almost the entire Rife creek set
tlement. If the contentious of the
plaintiffs are true then this is one Of
the most important irrigation cases 70
be heard in the district court for many
years.
The early settlers of Rifle creek,
those who own the earliest rights which
they supposed were unassailable, are
now appealing to the court to prevent
the irrigation officials from taking the
Rife creek water decreed to them asd
diverting it into the ditch Of Davie
and AcLearn and into another wat-r.
shed 20 that it is impossible for it t.
find its way back into the original
stream.
This diversion Of water frsa RiAs
creek to the Mesa Verde ditch has
bsea made in pussaa.es 70 - agree
nent with tAs Pisseer ditch, 90 Of
the Oldest - RiAs esaak, ed taking
lAR4 vssR- pses H. nss1A Il ~ assA.
that ths McLsasns panp wsSss frsa.
Grand river to spply ths Pis.ssr
ditch with the understanding that the
water that would otherwise be allowed
to flow down the stream to supply the
Pioneer ditch would be diverted into
the Mesa Verde ditch.
The plaintiffs claim that this works
a great hardship to them, . statement.
which the Davie- McLearn people, the
real defendants in the case, Just as
positively deny. They have always
professed to recognize the legal rights
of the early appropriations and have
claimed that they wanted none of the
waters to which the settlers were real
ly entitled.
1t is believed that before the case
proceeds much farther the defendants
will set up the claim that the plain
tins have used an unreasonable amount
of water and practiced great waste and
that all they, the McLearns, are claim
ing is the excess after the plaintiffs
have made economical use Of the Rife
creek waters. The case is only fairly
started at this time and it Is difficult
to predict what turn affairs may take
before the end has been reached.
There is An array Of legal talent
employed in the case and = multitude
Of witnesses yet to be heard. Griffith
4 Watson Of Grand Jnuetion and J. ".
Dollison Of this city represent the
plaintiffs while Gonay L Burkhart of
Denver and c. W. Taylor Of this cit,
are employed TO defend the action of
the water commissioner in behalf Of
the Davie- Mclean interests. And
then there are other interests to he
looked after. Tho Farners' Irrigation
company in the Antlefs eountry who
come next in line Of priority to the
PLAINTIFF in the case realizing that il
the defendants ca. appropriate waters
to which the PLAINTIFF are entitled they
can Also take the waters adjudieatei
to the Fafmers' company and therefore
they have entered the case - inter
venors and have employed J. 3. Moore
Of Colorado Springs to protect their
rights. The case is not only interest
ing to all who have given any though.
to the irrigation laws, but it is one Of
the most important cases Of this char
acter ever heard in this court.
Last Tuesday morning Glenwoodites
looked out ON the first snow Of the
season-just about enough to cover the
ground. At Rifle the fan was about
nine inches and il all came down BE-
tween O'Clock and daylight Tuesday
morning We bare no. been advised
- to the eseditiees AieAsr .p h To
nountsipA