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<br /> <br />teet quite irrespective ot the number of acres of land <br />or the situation of the land irrizsted therefrom. In <br />fact, we have in Colorado a number of reservoirs known <br />as "custom reservoil"s" where the owners of the reservoirs <br />furnish water to different ditch owners to supplement <br />their direct rights. ,The ditch owners So furnished change <br />frolll year to year, the water often being turnished to the <br />partioular ditch owners who offer the highest priCe in <br />a given season. <br /> <br />Under an early statute', enacted in 1881, and <br />now Section 158 of Cr~pter $0 of the 1935 Colorado statutes <br />Annotated,,:it is prOVided that the decre,ed appropriations <br />shall be desc1'ibed "by cubic feet per second of time". <br />For many years, in Colorado, it was customary to literally <br />fcllow this rule even in regard to reser,oirs and describe <br />-the reservoir appropriations in second feet, such second <br />feet being the capacity of the intake canals of the reser- <br />voirs. <br />I <br /> <br />/ At th& present time, it is customary in Colorado <br />to describe 1'eservoir appropriations in adjudication decrees <br /> <br />by aere reet. <br />Colorado has no statutory limitation on the <br />number or second feet which may be decreed to haVe been <br />appropriated for any giyen number of ncres of land. <br />It thns becomes necessary to bear in mind these <br />different statutory provisions and different practices <br />in eonsiderir~ the decrees given by the courts ot New <br /> <br />Mexico and Colorado adjudicating the waters of the Costilla <br /> <br />River. <br /> <br />In giving the New Mexico decree in 1911 the <br /> <br /> <br />Court tix<ld one second foot for 80 acres of land alf the <br /> <br />duty of water. <br /> <br />','-' <br /> <br />-4- <br /> <br />~, <br /> <br />,. <br />