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8,000 acre -feet capacity, which is susceptible of sub- <br />stantial increase, The cost of this reservoir develop- <br />ment of Thurston Lake was but $13,093.36. There was <br />also expended upon the Queen Reservoir and the lat- <br />eral ditch from the reservoir to the lands commanded <br />by it, a total sum of $19,122.82. <br />LITIGATION. <br />It is apparent from this history of the Canal that the prop- <br />erty has passed through a fiery ordeal of litigation in the <br />determination of its rights and legal standing, and the <br />Company is said to have expended some $18,000.00 <br />in attorney's fees alone, but I am assured by Mr. H. L. <br />Lubers, the local attorney, that all litigation is now judi- <br />cially determined, and that every priority of the canal, <br />except those of the newly constructed storage canal, is <br />absolutely unassailable because of the Statute of Limi- <br />tations. <br />RIGHTS OF WAY. <br />The Company holds no title to the right of way on the <br />main Fort Lyon Canal, except by prescription because <br />of the twenty -year limitation having expired in which <br />continued occupancy gives a prescriptive right. <br />On the storage canal rights of way have been secured <br />by purchase of a given strip defined by metes and <br />bounds, 100 to 150 feet in width, depending upon the <br />needs of the canal construction. On state lands the <br />Company has paid $3.50 per acre for right of way, the <br />minimum price fixed by law, the State Land Board <br />wanted originally $25.00 per acre, the entire amount <br />22 <br />