The Glenwood post., 1914-02-07
TE mH cEEk
lRneA1Dol CASE
CONTINUED from first pase)

.. ..
| "Fifth, The evidence shows and the
Court so finds that Rifle creek is q
stream carrying shout so to IS eubi.
feet of water per second of time in the
early season, later it goes down to what
is called . normal flow, about 40 feet,
and during the middle of July does not
exceed at times about 25 feet per see
ond, that the average flow is about 80
to 40 second feet; that all the waters
of Rifle creek have been appropriated
and DEGREES rendered in excess of the
normal flow at ordinary stages, many
years before the rights to water
through the Davie ditch were init 'atei
eighth; The burden of proof is on
the defendants to show that the change
or exchange of the use of water does
not injuriOusly affect the vested rights
of others.
1.-THE evidence shows, and the Court
so finds, that the defendants have not
established the fact that the exchange
has been exercised in such a way aud
under such circumstances that the
vested rights of the plaintiffs are net
injured, but the evidence shows tina.
these rights have been injured. The
! ha ST ha h
DDS of the use of the water rs they
have existed long prior to the com
mencement of the rights of the Davie
ditch have been changed and greatly
disturbed by the exchange from ths
Pioneer ditch to the Davie ditch. The
subsequent appropriation has a vestel
right rs against his senior to insist upon
the continuation of conditions that ex.
listed at the time he made his appro-
fvailing as to the use of water. That
all appropriations out of natural
stream for irrigation purposes, with pri-
critics decreed, are entitled to have the
conditions maintained upon the stream
as they were when the appropriations
were made and have existed during the
continuance and perfection of appro-
priations. THIS CONTINUED EXIST-
ENCE OF CONDITIONS AND METH
DDS OF IRRIGATION is A VESTED
RIGHT IN EACH APPROPRIATION,
WHO CAN INSIST THAT THEY BE
KEPT FROM INJURY OR DISTURB
ANCE BY ANOTHER.
Fourteenth; The Court finds from the
evidence that one of the parties to this
action forcibly and with the use of vile
and violent language attempted to in
terfere with the superintendent of irri-
cation in the performance of his duties
in the distribution of the waters of
Rifle creek Such interference with
the water officials cannot be too Sc
verely condemned. The Court therefore
finds that that part of the prayer of
and somewhat enlarged upon so as to
apply to all parties to this action, and
that is that all parties hereto be re
strained and enjoined from wasting or
wantonly wasting any water from Rifle
creek for irrigation purposes, or from
demanding or applying any more water
for irrigation purposes than is neces-
sary for the proper irrigation of their
land, so that the maximum ratio of one
to SO acres of land be not exceeded,
and each and all Of said parties to this
action be restrained and enjoined from
interfering with the water Officers in
the lawful and proper discharge Of their
duties as such.
"It is therefore considered, ordered
adjudged and decreed by the Court that
the defendant, William j. Murtle, as
water commissioner of said district No.
80, defendant Theodore Rosenberg as
division engineer of said water divis-
ion No. 5, defendant John E. Field, as
state engineer of the state of Colorado,
and the defendant, The Mesa verde
Land and Canal company, and their sev-
eral officers, agents, servants, deputies
and enpleyes, and any and all persons
acting BY or under the directions sf the
said persons, Be and each Of then are
hereby psrpetaally e.joinsa asd re-
straiaed fro. Aiverti.g O esssing, o:
authorizing to Be diverted froa Rifle
creek into said Davie ditch any Of the
waters Of said stream, at any tine dur
ing low water season Of each year when