PUB00148

• Year: 1978
• Title: The Colorado Water Study Directions for the Future
• CWCB Section: Administration
• Description: The Colorado Water Study Directions for the Future
• Publications - Doc Type: Historical

II'

I

I

I

He further proposed the construction of a reservoir on the Poudre
to capture the spring runoff and reconnnended that "every lroject
for taking out more water shall be knocked in the head.,,6

I

On investigating the upstream diversions and finding that all
the ditches were full, and in some cases carrying more water than
could be used, the Greeley people brought suit to establish their
right to the water. A meeting was held on July 15, 1874, which was
attended by a number of irrigators up and down the Poudre, to dis-
cuss the situation. Although no progress was made toward resolving
the ultimate issues of water allocation, the Fort Collins farmers
did agree to release more water in exchange for the withdrawal of
the suit. Heavy rains a week later ended the drought and, tempor-
arily, the irrigation crisis. "But the Greeley people did not
forget. ,,62

I

I

I

I

6. The Constitutional Convention of 1876.

I

On March 3, 1875, Congress passed an enabling statute allowing
Colorado to draft a constitution and seek admittance to the Union. 3
Elections were held in counties throughout the territory to select
delegates to the Constitutional Convention. Representing 'Weld County
were two men from Greeley, S. J. Plumb and William Lee. These men
w~re Grangers, and were designated by the state convention of the
Grange as the convention delegates to whom individual members were
to send their reconnnendations.64

I

I

I

On December 17, the Grange convention had resolved that the ne,,1
constitution should contain a provision prohibiting legislators frOTIl
giving away, selling, bonding, or granting charters to corporations
by which they could control the waters of the state, except to or-
ganized companies of actual settlers upon whose land such water was
intended to be used.65 The Grangers, as farmers, lived in fear of
a corporate monopoly of their most precious resource. They desired
that the waters of the state be kept under state control for the
benefit of the people.66

I

I

I"

The Constitutional Convention first met on December 20, 1875,
and promptly resolved itself into committees to begin the work of
drafting various provisions. The Committee on Irrigation, Agricul-
ture, and Manufacturers was chaired by S. J. Plumb of Greeley and
also included his friend William Lee. No Fort Collins delegates
were appointed to this committee.

I

I

The Constitutional Convention debated and resolved five central
issues relevant to water law: (1) the ownership of the waters of
the state, (2) the rule of prior appropriation, (3) preferences in

I

II-9

I