The daily sentinel., 1914-05-02

can hope for, II the government ulti-
mately triumphs in its appeal from
the decision OF Judge Lavender. IS
that the residents OF the two districts
may be able TO escape with their
lives
The first paragraph OF the next
article which IS based upon an inter
view with Mr.. Honnold, reads as
follows:
"The final settlement OF one Of the
most important cases OF irrigation
law ever broached in the country will
depend upon the action OF the land
owners under the Price and Stub
ditch between now and the first OF
May. This became known yesterday
wnen A. II. Honnold, district counsel
for the government, announced that
there would be no object In making
an appeal from the decision of
Julge Cavender in the Grand river
prioritles case II the bitches were
unified under the government prof.
ect."
am not absolutely certain wheth-
er Franklin X Lane of A. r. Hon
mold is the head of the interior de-
partment of the United States, but |
have been under the impression that
II Is Franklin X. Lane. Under date
OF March 2S, 1914, Secretary Lane
wrote me n letter concerning this
matter, which contains the follow
ing
"The United States cannot con-
sent that the decree of the district
court of Mesa county, Colorado, here
tofore entered shall be recognized as
final and fully determinatiye OF the
respective rights OF the parties here
to, for the reason that an appeal
has been taken from such decision
and the United States proposes to
carry this case to court OF last re
sort or until satisfactory determi-
nation thereof. The
United States cannot consent to have
its right limited as of priority date
1908 In view OF pending
litigation involving the rights to the
water of the Grand river"
And further In said letter and In
said contract. Secretary Lane offers
to recognize the prior rights OF the
districts to the amount OF water
necessary for the irrigation of the
lands therein, but not by virtue OF
said decree.
Mr.. Ward, who tried this case on
behalf of the government notified
me that an appeal had been ordered
in January or February, 1872, while
Secretary Lane says that an appeal
was ordered March IA, 1914. which
we presume is the second order Tor
appeal in the matter. 1T may De
true that Mr.. Honnold was present
al the conference between the recla-
nation service and the secretary OF
the interior over the last contract
submitted. and that he stood with
one hand on the shoulder of the sec
retary and the other held aloft ad-
monishing them not to appeal TINS
case. but to conclude all mattern he
tween the districts and the govern
ment by said contract, but 1t ap-
pears that either he was present or
after he left, the honorable secreta-
ry of the interior concluded to go
ahead with the appeal.
The contract In question also CON
tains two other insurmountable
propositions, in our opinion. Ihe
first is that the districts, after they
shall enter into said contract WIN
the government, shall make no use
of their irrigation works, except IN
cases when the United States eannot
for any reason deliver water to said
districts for irrigation purposes. ms
would require that both districts ae-
cent the proposition OF the United
States. There never has been much
likelihood that the Palisade district
would accept any of the contracts
submitted by the United States. me
Mesa County irrigation district
therefore. could not, under the
terms of the contract, enter into a
contract with the United States II II
wished to. for the reason that the
dam. abutments, headsate and IN
tal,e canal were constructed under
contract between the two districts.
each TO build q certain portion ana
own II. but all portions to constitute
n whole, and then to forever after
wards Jointly maintain and operate
the same. The Mesa County lrrlsa-
tion district, therefore, II II saw ~
to enter into contract win the
United States. could not deprive the
paiisade irrigation district of the use
of the whole works, sos any part
thereof. ,,..,.io,,
lies in The fact that nearly half OF the
lands under the government proyee'
are owned by private individuals.
While the Water Users association
aid assign its filing rights on Waue.
in the Grand River to the uhlteu
states for the purpose OF securing
tho government for the money IN
vested ves in the construction of the pro
,ect and we may presume for the
further purpose of enabling the Shi,, ~
cd states to get priority OF rlsnt 70
Inc use of water ahead OF ahytuine
which the water users might expect
TO obtain. yet in none of the con con
Tracts we have seen between the
water Users association and the
Irnited states Is there any pro-
vision which would authorize the
United States TO contract away any
,t,,i,ts of the Water Users associa-
lion. II the United states should, by
decree of court. obtain a decree as
of 1902, six years earlier than the
decree granted by Judge Cavender'
We do not believe the contract Of
fered the. districts by the United
States would be binding upon the
water users unless said contract j.
a..pt faatllpr said