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McCanne Ditch. <br />6. <br /> <br />«i <br />.Y, <br />of the amount above four cubic feet per acre delivered at thi <br />east side of Section 19, if at all, are the waters collected <br />by this ditch, a part of the supply of the South Platte rive; <br />Exercise of exclusive use of the McCanne Ditch has not de- <br />creased the accumulations to the Platte river at the head-- <br />-ate of the next ditch below the lands drained and of older <br />date of appropriation. <br />Limitations, prescriptive adverse use, laches, es.oppcl <br />and equitable considerations bar other consumers to now asaer?, <br />that apPropfiat fona--from -th-e-Platte riverinve r g t superior <br />to claimant in said rater so gathered and exclusively used <br />by it. Claimant has for over twenty years been in possession <br />and exercise of said eater right under claim of absolute <br />ownership. This possession as against all appropriators <br />from the South Platte river has been open, exclusive, con- <br />tinuous, hostile and adverse. <br />The ditch and the land it irritates are so located <br />that the exercise of this right has,been open and notorious. <br />Thay are in the thickly settled portion of the South Platte <br />vallev on the main highvay between the towns bf Brighton and <br />Fort Lupton and on the main north and south highway trans- <br />versing the South Platte valley frorn Greeley and tn::ns to <br />the north to Denver. The ditch is crossed by three public <br />highways and by this main traveled highway, and is crossed <br />by the Union Pacific Railroad in t^•o places. It is of <br />noticeable size. The lands it irrigates are well kno:.. n and <br />the method of use is notorious to other consumers of crate: <br />from the South Platte river, and have been such since the <br />original construction of this ditch. During all of said <br />time, claimant's ditch alone has possessed and used said