CHAPTER XIII. WATER COMMISSIONERS, AND THE DISTRIBUTION OF G. S. 1714. Allotment on alternate Days.] In case the volume of water in said stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, then the County Judge of the county shall appoint three Commissioners as hereinafter provided, whose duty it shall be to apportion in a just and equitable proportion a certain amount of said water upon certain or alternate weekly days to different localities, as they may in their judgment think best for the interest of all parties concerned, and with due regard to the legal rights of all. [Sec. 4, p. 68, acts 1861-Sec. 4, p. 363, R. S.—Amd. sec. 1, p. 158, acts 1870--sec. 1375 (4), p. 515, G. L. This section has, however, been superseded by the following provisions, adopted in 1879: G. S. 1752. Water Commissioners-How Appointed-VacanciesRemoval.] There shall be one Water Commissioner for each of the above-named districts, and for each district hereafter formed, who shall be appointed by the Governor, to be selected by him from persons recommended to him by the several Boards of County Commissioners of the counties into which water districts may extend, and the Water Commissioner so appointed shall hold his office until his successor is appointed and qualified. The Governor shall, by like selection and appointment, fill all vacancies which may be occasioned by death, resignation or continued absence from the district, removal or otherwise. Said County Commissioners may, from time to time, recommend persons to be appointed as above provided, and the Governor may at any time remove any Water Commissioner in his discretion. [Sec. 16, pp. 98-9, acts 1879. G. S. 1753. Oath of Office within ten days.] That within ten days after his appointment, and before entering upon the duties of his office, such Water Commissioner shall take and subscribe the oath of office prescribed by the constitution of this State. [Sec. 17, p. 99, acts 1879. G. S. 1754. Duty of Water Commissioners-Open and shut Headgates.] It shall be the duty of said Water Commissioners to divide the water in the natural stream or streams of their district among the several ditches taking water from the same, according to their prior rights of each respectively; in whole or in part to shut and fasten, or cause to be shut and fastened, by order given to any sworn assistant, sheriff or constable of the county in which the head of such ditch is situated, the headgate of any ditch or ditches heading in any of the natural streams of the district, which, in a time of a scarcity of water, shall not be entitled to water by reason of the priority of the rights of others below them on the same stream. [Sec. 18, p. 99, acts 1879. G. S. 1756. Pay of Commissioners-Duty to keep Accounts-How Paid.] The Water Commissioners herein provided shall be each entitled to pay at the rate of five dollars per day for each day he shall be actually employed in the duties of his office, not to exceed eighty days in any one year, to be paid by the county or counties in which his irrigation district may lie. Each Water Commissioner shall keep a just and true account of the time spent by him in the duties of his office, and shall present a true copy thereof, verified by oath, to the Board of Commissioners of the county in which his district may lie, and said Board of Commissioners shall allow the same; and, if said irrigation district shall extend into two or more counties, then such Water Commissioner shall present his account for his said services, verified as aforesaid, to the Board of County Commissioners of each county into which such district extends, and each Board of County Commissioners shall allow an equal part thereof. [P. 254, acts 1885. G. S. 1757. Commissioner appoint Assistant-Oath-Pay.] Said Water Commissioner shall have power, in case of emergency, to employ a suitable assistant to aid him in the discharge of his duties. Such assistant shall take the same oath as the Water Commissioner and shall obey his instructions, and shall be entitled to three dollars per day for every day he is so employed, not to exceed twenty-five days, to be paid upon the certificate of the Water Commissioner, in the same manner as provided for paying Water Commissioners. [Sec. 41, p. 107, acts 1879. G. S. 1758. Commissioner begin Work when called on.] Said Water Commissioners shall not begin their work until they shall be called on by two or more owners or managers, or persons controlling ditches in their several districts, by application in writing, stating that there is necessity for their action; and they shall not continue performing services after the necessity therefor shall cease. The following is a list of the Water Commissioners at this date, with their residence and date of appointment, as far as the same may be made with any degree of accuracy from the records in the offices of the Governor and State Engineer, the uncertainties in this regard arising from the negligence of appointees in qualifying and in giving notice of acceptance, resignation, etc. For many of the districts no appointments have ever been made. II. Edwin L. Baldwin, 1882; A. C. Todd, 1884; Evans. IV. William Roper, 1883; Loveland. V. John Kitely, 1880; Richard Ransom, 1885; Long mont. VI. Wm. A. Davidson, 1879; Hiram Prince, 1880; Can field. VII. G. W. Siegler, 1880; J. W. McKay, 1882; Denver. IX. Chas. H. Montgomery, 1885; Littleton. X. Wm. A. Richards, 1884; H. I. Reed, 1885; Colorado XII. S. H. Tucker, 1880; Saguache. XIII. Frank Ross, 1880. XIV. J. Sabino Espinosa, 1880; Canon City; W. P. Hob- XV. J. H. McCandless, 1880; Canon City; Thomas XVI. XVIII. R. K. Wetherell, 1881; Parrott City. XX. Chas. Ydren, 1881. XXI. C. M. Perin, 1882. XXV. La Fayette Head, 1882; Conejos. XXVI. John Pritchard, 1884; Pueblo. We cite the following from the State Engineer's report for 1885, on the subject of the efficiency and working of the laws in regard to priorities and Water Commissioners: “The establishment of the office of Water Commissioner has had a most beneficial effect on the practice of water division of streams which were supposed to be entirely appropriated. The constant attendance, and intelligent supervision of the Water Commissioners, has had a marked influence in reducing the number of water quarrels amongst irrigators. “Like smuggling in England in the olden time, irrigation seems to have the singular power of turning honest, lawabiding citizens, in all other relations of life, into truculent, bellicose rioters, as soon as their real or fancied rights as water users are interfered with. Many men, whose word is their bond, who, in all other relations with their fellowmen, are model neighbors and citizens, and who would not allow themselves to be guilty of stealing (as generally understood,) will deprive their neighbor of water without a scruple. A reason for this may be found in the long-held idea that air and water were the free gifts of God to all men, and the lack of a notion that there could be such a thing as a right to the water of a running stream. The present law has the great virtue of clearly and decisively providing for adjudicating priority of right to the use of the natural waters, and the full and complete enjoyment of the quantity; and the order of priority so adju dicated is secured to the beneficiary by the powers given to the Commissioner for the enforcement of the law. The mere fact that a man, in whom the neighborhood have confidence, is constantly attentive to the distribution of the water, has a great moral effect. Misunderstandings and disputes relative to water, are settled by him in their incipiency, and good feeling is maintained between appropriators. "But a few years ago, the march of the whole body of irrigators of a neighborhood, into the up-stream country to shut down head-gates, and compel the “up-streamers' to let water pass, was not an uncommon occurrence. But now the whole matter is regulated; the "shot-gun power” has given place to law and order; the decisions of the courts, when put into practical effect by the acts of the Water Commissioner, will be enforced by the whole power of the State. "The ill feeling and wrong notions, engendered by years of no law, takes time to eradicate; but it is confidently affirmed that the present irrigation law, as far as it goes, is certainly working wonders in most of the irrigation districts of the State. This is not only the opinion of this office, but that of many who strenuously opposed the law when first proposed, and the State is fortunate in having taken the first bold step forward in a direction which the whole body of appropri ators approve as right.” G. S. 1722. Pro rata Division among Owners.] If at any time any ditch or reservoir from which water is or shall be drawn for irrigation shall not be entitled to a full supply of water from the natural stream which supplies the same, the water actually received into and carried by such ditch, or held in such reservoir, shall be divided among all the consumers of water from such ditch or reservoir, as well as the owners, shareholders or stockholders thereof, as the parties purchasing water therefrom; and parties taking water partly under and by virtue of holding shares, and partly by purchasing the same, to each his share pro rata, according to the amount he, she or they (in cases in which several consume water jointly) shall be then entitled, so that all owners and purchasers shall suffer from the deficiency arising from the cause aforesaid each in proportion to the amount of water which he, she or they should have received in case no such deficiency of water had occurred. [Sec. 4, p. 97, acts 1879. |