The Glenwood post., 1914-02-07
!udge .Shumate Renders Elaborate De-
cision in Dispute Which Has Made
Much Trouble in This County
MANY IRRIeATORS INTERESTED

The first of this week there was filed
in the district court the decision of
case which was tried last December,
wherein John F. Hickman and eighty
eight other water users of Rifle creek
were the plaintiffs and w. }. Murtle,
water commissioner, Theodore ROsen-
berg. division engineer, John f. Field,
state engineer, The Mesa Verde Land
and Canal company, The Antlers Orch
ard Development company, The Rifle
Irrigation and Power company, The Z.
McLearn Mercantile company and 3
number of ranchmen were the defend
ants.
This was probably the most important
irrigation case ever tried in the courts
of Garfield county and since, if the
Post is correctly informed, some of the
points at issue had never bsa@ passed
upon by the courts of Colorado, the de
csion of Judge Shumste il Of more
th.a ordinary i.ssfsrAsa ixports.ee
to not only the irrigators of this coun-
try, but to water users throughout the
entire state.
A splendid array of legal talent was
employed in the case, the plaintiffs be-
ing represented by Griffith, Watson &
Smith of Grand Junction and J. w.
Dollison of Glenwood, J. r. Moore Of
Colorado Springs representing the
Farmers Irrigation company, while the
interests of the defendants were repre-
sented by Goudy & Twitchell and J.
w. Burkhard of Denver and c. w
Taylor of Glenwood Springs. The case
was hard fought, almost three weeks
being consumed in the trial which closed
December 10.
Among other things, the Court finds:
'First, that plaintiffs seek to enjoir
the defendants, the state engineer, the
division engineer, the water commits
sioner and The Mesa Verde Land &
Canal company. from diverting any of
the waters of Rifle creek into the Davie
ditch at any time during the low water
season of each year, and from diverting
any of the water of said stream into the
headgate of the Davie ditch to- which
it is not entitled under the provisions
of the several DEGREES adjudicating pri-
critics of water rights and changing
points of diversion, from diverting any
of the waters of said stream into the
Davie ditch which may be NEEDED by
the plaintiffs in the several lower
bitches of the stream.
"The said defendants contend that
while the Davie ditch is junior in pri
ority to all of plaintiffs bitches, the
Davie ditch dating from February I,
1912, yet the defendant, The Mesa
Verde Land & Canal company, has af-
fected change of water by silent &C,
quiescence of the owners, with the
owners of priorities of the Pioneer
and Squier bitches, to an amount vary
U
second of time, and have used the same
through the Davie ditch during low wa
ter season. and that such use does not
injure the prior rights of the plaintiffs,
and that if plaintiffs are so injured st
is the result of an excessive use of wa
ter from Rifle creek by them and that
defendant in procuring such exchange
has pumped from the Grand river an
equivalent Of water for use in said Pho
neer and Squier bitches, and by cross
complaint alleges waste and excessive
use Of water BY plaintiffs, also that
their DEGREES are conditional and have
never been confirmed by order Of court
.
"The testimony in THE case shows,
and the Cssst 70 finds that BY tie acts
Of the state engineer in attempting to