La Junta tribune., 1914-04-18

" a9v - - "a ~ !.
CA1LaN WINS IN DsszRlCf CouR1
oaat 1hat - Dsen naagaae Fks
fus TAsSs Yeass Ists1 = ~ 49,
- Dsesss 49, nnDsx
II ths district eourt lapt Monday
~ cas- Of ths RsorsaniSsd Catlin
Coasolidatsd Canai Company ".
Charles Coastoek. stais snsiness. =.
R. chsw. divisioa engineer. and q.
O. Wilson. water comnisstoasr.
which Aas bssn hanging firs In ths
district coart sincs 1919. came up
before Judge Easex for . flnal DE-
termination OF the Issues. All Of the
prsliminasy skirnishss In the dis
srict eourt have bssn Won by ths Cat
lin Ditch, and IN the final analysts
all of tAs issues involved were decid-
I'd In favor Of that company. TIE
case involved tAs right Of the Cat
In TO the uss Of - eubic feet Of va
Ter per second Of tine having Z pri-
or1ty dating hack 70 1875. TIE
Rocky Ford b ths oaly canal d this
valley having = priority earlier than
this. aad Il 4 ciainsd hat this early
water has valus Of eS.eeo Per sec-
oad foot. or slls.ese for the twsaty-
two feet that Il claimed b. tie Cat
lin.
The catlin ditch has two prioritses
for direct IRRIGATION from the Arkan-
- rivsr-ons for 3sl ssst. dating
from esptsmbsr >. 1854. and one
for - feet dating from September
IL. 1907. TIE Jones ditch, dovn
near Las Animas. has Z decree for
as cubic feet OF water. dating April
10. 1875. In November. 1897. the
Catlin exchanged - cubic feet Of its
1854 decree for - cubic feet a va
tsf from the Jones' ditch. having .
priority dating hack 70 1878. A de-
cree for this water was issued In
August. 1905. The Catiin had the
use Of this water until 1910. at which
time B. q. Wilson. at that time water
commissioner. failed 70 deliver this
- feet Of watsr To the Catlin. even
vhea Il was available. The STATE
engineer Instructed both Chew and
Wilson . isnore Tie dscrss for this
ees31ef woeaes ..-ss ! \. 4 |. 81 !.
.Jo1glaeea1oG NJ Va 11EhSs1. ~
authseissd undsr ~ tssms o. .
''geatlemsn's agreement" entered In
70 in 1897 b. the Fort Lyon Canal
Company. the Catlin and the Jones'
ditch. BY which the lstter agreed
that Il would not call for or make
any demand for water to supply the
Jones' ditch and the consumers there
andef. until the senior prioritiss' Of
the Catiiu and the Fort Lyon had
bssnl fuily satisfied. The Fort Lyon
vas the intsrestsd party in this
''sentiemen's asrssmsnt" and under
the terms Of this agreement The state
easineer Refused 70 deliver the -
feet Of 1875 water to the Catlln ca
nal. which Il had secured from the
jones' ditch IN exchange for an
equal amount Of water having IN
1854 priority. Judge Essex decided
thst the decsss itself. which was r.
sued In August. 1905. sivins the Cat
lin the right 70 the uss Of - cubic
fest Of 1878 vatss. and not the gen
tiensn's asreensat'' decided the H.
Sues Involved - . priority. and In
ths flnaI detsrnlnatioa Of the csss
The stats easineee. division engineer
and water commins1ooer were eujoin.
"a from issuing aay order 10 the ~.
tuss latsndsd 70 have the effect Of
prsvsatins he delivery Of ~ - CO.
Ne fese Of water.
Prsd 4. oabin aDDeassd - attor-
nsy for he Catlln Canal Company,
and n. A. Dubs. Of Dsevss. a ~
half o. ths dsssadasts asl ~ Fesl
Lyoa Casal Cenpaay. Ths case VII
ef courss ~ aSDsalsd 70 Tie -
De1ns eosss Ses fiaai sljs1ieatiS -
% ssuAl in sseh eases nale asl no
vile1.
Ksloht Tunplass Aeesna ssvvtss
b. I... |.
n ksight TsmDIsss q nsehy
rss1 ed u Juats ed tAslr 1919