|
<br />:'
<br />
<br />3
<br />
<br />-29-
<br />
<br />.
<br />
<br />, '
<br />~d as a result, was discarded. by a large majority, The Supreme'COm
<br />has held that there is no,such thing as an "Irrigation or Storage'
<br />Season," but that the right:to the use of water, whether for'direct
<br />application or for storage, depends entirely upon the 'priority dates
<br />t~ereof, regardless o~ the character of use,
<br />
<br />Another important phase of water achninistration, involves the right,
<br />to store water decreed for direct use,
<br />
<br />.
<br />
<br />In the case of Seven Lakes vs. New Loveland and Greeley Irrigation
<br />Company, decid8d in 19.07, the Court held that an appropriation of water
<br />for' direct irrigation may be temporarily stored for later use so long as '
<br />, the' quantity stored, both, in time and amount, does not exceed the former,
<br />uses fOr direct irrigation.
<br />
<br />A later decision of the Supreme Court in Greeley-I:oveland Irrigation
<br />Company va, Farmer Pawnee COI1Ipany, bad the effect of reversing :the' fore-
<br />going decision, so ti1&t the present law prohibits the storage of water
<br />decreed for immediate use.,
<br />
<br />.
<br />
<br />Another problem which is becaning increasingly, important, is that,
<br />involving the preferential right one may have to make an 'exchange of
<br />water at times when the 'natural flow of the stream is not sufficient to
<br />meet the requirenulnts of ell those who may at the same time, des:l,re to'
<br />avail themselves 01' this privilege,
<br />. - '
<br />In 1944, a suit was filed in the District Oourt in Water District
<br />No, 11, against the water officia1s which, among other matters, involved
<br />the Q1lBstion of: evaporation losses ;[rom the Sugar J;.oaf,' Twin Lakes and'
<br />Clear Creek Reservoirs, wi1ich are located in the Upper Arkansas Riv!,r
<br />Basin. Following weeks of, tes,timony, the Court rendered a' decision which
<br />required that the owners of these reservoirs be ch2.rged with losses due
<br />to evaporation from the surfaces thereof, which affected decreed rights
<br />senior to those ot the reservoirs. The Court directed the State tngineer
<br />to determine 'thEi amount of such 10s8es mOnthly, and to release from the
<br />reservoirs to the strelllllll, the equivalent quantity of water. 1'he, owners
<br />of the resei:'voirs did not elect to appeal the decision to the Supreme
<br />Court and hence, the judwnent of, thl! trial Court is,l.imited to tl).e three
<br />reservoirs in question.
<br />
<br />1'he involved computations to determine the evaporation losses each
<br />month requires one day's effort. It ill interesting to contemplate the
<br />magnitude of the effort and time which woul.d be relluired should the
<br />Legis4ture enact 'a law requiring such monthly determinations to be made
<br />for the hundreds o~ other, challl1el reee",oirs throughout the State.
<br />
<br />1'he placing of the local water officials under Civil Service has
<br />incr,eased the efficiency of administratl.on since it removes them from the
<br />pernicious effect of undue influence by those who may be eeeking favors.
<br />A water official, through lack of a proper understanding of the laws,
<br />or of experience, may commit wrorigful acts to the injury of the water
<br />users,' but under no condition must he allow his decisions and actions to
<br />be infiuenced by 1IlllflIJ'ranted requests, dsmands, .favoritism. or gratiuties.
<br />Knowl,edge 01' the functions and duties of his office and experience and
<br />
<br />'.
<br />
<br />I
<br />
<br />.
<br />
<br />.
<br />
<br />t
<br />
<br />.!,
<br />
<br />.. .:.ro
<br />
|