Pueblo chieftain., 1922-03-18
FLOOD DAMAGE SUITS
FILED IN 2 COUNTIES
Nearly Half-Million Involved
In Fremont and Teller
Litigation
SneciaI to The Chieftain:

Special to The Chieftain:
CANON CITY, Colo, Mar. 16.-
Litigation of a far reaching character
growing out of the floods of last June
has been started in the district courts
of Fremont and Teller counties IN
yolving both the Arkansas Valley
Railway, Light and Power company,
and tho Beaver Park Water and 1rri-
CATION company in suits for heavy
damages on account of losses resulting
from the bursting of the dams and
reservoirs along Beaver Creek on June
5, 1921.
Yesterdays dispatches told of the
filing of suits for damages aggregat-
inr s45o.0OO by the Beaver Water and
Irrigation company against the Ar
kansas Valley Railway, Light ana
Power company, for the destruction
of the Shaeffer dam and reservoir as
we'll as the diversion dam of the COM
panv on account of alleged unlawful
altering of the dam and spilway OF
the Skagway dam of the Power COM
pany, thereby causing an undue over
flow of water which resulted In the
destruction of the Shaeffer dam and
reservoir lower down on Beaver
Greek.
And now suits arc being filed in the
Fremont county district court here
by attorneys T. Leo Witcher and ]. w.
Foster OF Canon City and George II:
Wilkes OF Florence. on the part or
clients living between the site OF the
shaeffer dam and the mouth of
Beaver Creek against the Beaver
Water and Irrigation company for the
loss of property in the flood waters
caused by the bursting Of the Shaef-
fer dam and reservoir on June g.. Ad-
ditional claims have also been filed
against the company by judge
Vorhies of Pueblo on the part of cli-
ents living between tho mouth OF
Beaver Creek and Pueblo.
In all these casesathe plaintiffs al
leee that tho Shaeffer dam broke be-
cause it was carelessly and neEligently
constructed and maintained. They al
lege that the spillway was insufficient
in size and capacity and that the dis
charge gates were inadequate and
were not fully opened during the flood
period. They further contend that
the dam had settled approximately
. y feet near tho middle thus decrcas-
ing the capacity OF the spilway.
II is also alleged that the dam was
defective and unsafe on account of a
strong secpsge at its eastern end md
that a large crack had been permitted
to develop near the western end.
Further. the dcfendont. 1t is stated
neEllRently ana Wlntonly
the spilway OF the dam to become
partially clogged. and thus did not
fully open its discharge gates. and as
consequence held the waters In the
reservoir At m unsafe and dangerous
level, resulting on June S. 1891 In th<
breaking OF tho dam and the rclcasins
OF tho impounded waters which passed
down Beaver Creek in great volume
and with great force as an over
whelming torrent greatly to the detri-
ment and prejudice OF tho plaintiffs
submerEine their lands. damaging and
levinE heavy deposits of sand. grave
aud debris. rs well as washinE away
and destroying improvements. chatte
property and crops growing on sale
lands to tho great loss and injury OF
their owners.
Tho clients OF Messrs. witcher ant
Foster under these claims are Franz
c. Graham. Sterling p. christopher
and George r. Ricsei aEErcsatinl
claims for &la.7Is. Tho claiman
under suits by G. II. wilkes are II. II
Mortenson. Jr.. Mary r. Coffman
Martha j. Kelley. Levi r. Kelley
Pcaricy r. Kelley. Margaret NJ. Rush
James l. Rush. Glen o. Rush. Myrtle
Taylor. and Frank q. Taylor Rsgrs
eating claims for 3eo.65o.