HomeMy WebLinkAbout760363.tiff RESOLUTION
RE: IN THE MATTER OF THE APPLICATION OF ALLARD CATTLE
COMPANY, FOR A DETERMINATION OF A REASONABLE MAXI-
MUM RATE OF COMPENSATION FOR DELIVERY OF WATER BY
THE RIVERSIDE RESERVOIR AND LAND COMPANY.
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, has received an application on behalf of the Allard Cattle Company
for a determination of a reasonable maximum rate of compensation for
delivery of water by the Riverside Reservoir and Land Company pursuant
to the provisions of Title 37, Article 85 of the Colorado Revised Statutes
of 1973, and
WHEREAS, pursuant to 1973, C. R. S. , 37-85-104, as amended,
" Commissioners to appoint day for hearing. Every board of
county commissioners, upon examination of such affidavit, or
from the oaths of witnesses in addition thereto, if it finds that
the facts sworn to show the application to be in good faith, and
that there are reasonable grounds to believe that unjust rates
of compensation are or are likely to be charged or demanded
for water from such ditch, canal, conduit, or reservoir, shall
enter an order fixing a day not sooner than twenty days there-
after nor later than the third day of the next regular session of
the board, when they will hear all parties interested in such
ditch, or other waterworks, or parties interested in procuring
water therefrom for any of the said uses, as well as all documen-
tary or oral evidence or depositions, taken according to law,
touching the said ditch or other work and the cost of furnishing
water therefrom. ", and
WHEREAS, the Board pursuant to said statute, has determined upon
the basis of the evidence presented that the application of Allard Cattle
Company is in good faith and that there are reasonable grounds to believe
that unjust rates of compensation are likely to be charged for the delivery
of water by the Riverside Reservoir and Land Company.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com-
missioners, Weld County, Colorado, that hearing on the application of Allard
Cattle Company, for a determination of a reasonable maximum rate of com-
pensation for delivery of water by the Riverside Reservoir and Land Company
is set for hearing April 28, 1976, at the hour of 2:00 o'clock p. m. in the
hearing room of the Board of County Commissioners, Weld County, Colorado,
at 1615 Hospital Road, Greeley, Colorado.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 7th day of April, A.D. , 1976.
ATTEST: „a5--7„, // BOARD OF COUNTY COMMISSIONERS
WE C LINTY, COLORADO
Weld County Clerk and Recorder ���
and Clerk to the Board .Gy% 1,a
By 2i ] 2: -6—, K. Y,J ( _
Deputy County Clerks ;
P,MOVj+D AS TO FORM:- IiiI
AP
% LT
�al Legal Cirunse A.(-n-n /
8e OWIP 76O363
° (�IJIY
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MAR 25 1976
BEFORE THE COUNTY COMMISSIONERS GRBf V. COLO.
OF WELD COUNTY, COLORADO
IN THE MATTER OF THE APPLICATION OF )
ALLARD CATTLE COMPANY, FOR A
DETERMINATION OF A REASONABLE ) APPLICATIO N
MAXIMUM RATE OF COMPENSATION FOR
DELIVERY OF WATER BY THE RIVERSIDE )
RESERVOIR AND LAND COMPANY
TO: BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
ALLARD CATTLE COMPANY, a partnership composed of W. D.
Farr, 707 7th Avenue , Greeley, Colorado 80631 , George L. Allard,
Roxana E. Allard, and George L. Allard & Co. , all of Route 1 ,
Box 78 , Kersey, Colorado 80644 , respectfully show the Board of
County Commissioners of Weld County, Colorado, the following matters
and things :
1. Allard Cattle Company, the Applicant herein, is the
owner and operator of a ranch located in Weld County, Colorado,
consisting of approximately 20 , 000 acres , more or less, of deeded
and leased lands. Said lands are located in Townships 4 and 5 , in
Ranges 62 and 63 .
2 . Allard Cattle Company is also the owner of the right
to divert 22 cubic feet of water per second of time from the South
Platte River, as of January 1 , 1876, said right being Priority No.
11 in Water District No. 1 , as modified by decree of the District
Court of Weld County, Colorado , on June 23 , 1917 , permitting water
under said Priority to be diverted at and by the headgate of The
Riverside Reservoir and Land Company Intake Canal , said headgate
being located on the South Platte River. Allard Cattle Company is
also the owner of a right to divert 16 cubic feet of water per
second of time from said South Platte River as of November 29 , 1886 ,
said right being Priority No. 32 in Water District No. 1 .
3 . In February of 1917 , Riverside Reservoir and Canal
Company granted an easement through the Riverside Intake Canal to
Applicant ' s predecessor in title (The Seventy Ranch) for the pur-
pose of carrying water received from the above described Priority
No. 11 for a distance of approximately one mile to a point at which
Allard Cattle Company diverts said water into a ditch owned by
Allard Cattle Company, and known as The Illinois Ditch.
4 . Allard Cattle Company and its predecessors in title ,
have, since approximately June of 1917 , regularly received all water
to which it is entitled under the above described Priorities No. 11
and 32 through The Riverside Reservoir and Canal Company ' s Intake
Canal , and have regularly applied the same to a beneficial use on
the lands hereinabove generally described as being owned by Allard
Cattle Company.
5 . By way of general background information, it is
represented that Riverside Reservoir and Canal Company' s Intake Canal
is approximately ten miles in length from its headgate on the South
Platte River to its reservoir. The Intake Canal traverses approxi-
mately six to seven miles of Allard Cattle Company property, but
carries Allard Cattle Company ' s water a distance of approximately
1 2/10 miles, to a point where Allard Cattle Company diverts the
water into its own ditch. Commencing effective for the year 1970 ,
Allard Cattle Company has paid Riverside Reservoir and Land Company
annual compensation in the sum of $600 . 00 for the use of the
Company ' s facilities in transporting Allard Cattle Company' s water ,
pursuant to Agreement of December 8 , 1969 , a copy of which is
attached hereto and marked Exhibit "A" , and by reference thereto
made a part hereof.
6 . Allard Cattle Company represents that it draws water
from the South Platte River under the Priorities described from
approximately May 1st through September of each year; that Riverside
Reservoir and Canal Company draws water from the South Platte
River, principally beginning on the 1st of November of each year
through April of the succeeding year, but when water is available ,
and from time to time, will draw water through the months of May
through September. The Riverside Reservoir and Canal Company is
obliged to maintain a supervisor or "ditchrider" for the operation
of the canal , and is obliged to employ such services on a year-
round basis , although it is acknowledged by Allard Cattle Company
that demands on the ditchrider ' s time for services in behalf of
Riverside during the months of May through September are substan-
tially less than through the remainder of the year and the beginning
of the succeeding year. Riverside is obliged to fully maintain its
spillway and diversion dam, headgate and canal, in order to insure
its ability to appropriately fill its reservoir.
7. Of recent date, Allard Cattle Company was informed
by Counsel for Riverside Reservoir and Land Company that by
resolution of the Board of Directors , the charge for the use of
the Company' s facilities by Allard Cattle Company during the 1976
irrigation season would be $6, 000 . 00 . Thereafter, and during the
course of a conference between all interested parties , the Board
resolved that the charge for 1976 would be $4 ,000 . 00 .
8. Allard Cattle Company considers that the 1976 charge ,
as demanded of it, is an extortionate and unjust rate , and there-
fore desires to invoke the provisions of Title 57 , Article 85 of
the Colorado Revised Statutes of 1973 , which specifies that under
the circumstances described herein, the Board of County Commissioners ,
upon appropriate application, will proceed to fix a reasonable
maximum rate of compensation.
WHEREFORE, Allard Cattle Company, the Applicant herein,
applies to and requests of the Board of County Commissioners the
following :
1. To forthwith enter an Order fixing a day not sooner
than twenty days after the entry of such Order, nor later than
the third day of the next regular session of the Board of County
Commissioners , specifying a time and place for a hearing on this
Application , at which time there will be heard all parties
interested, and at which time the Board will consider all documentary
or oral evidence or depositions appropriate to the Application.
2 . That the Board of County Commissioners forthwith
furnish to this Applicant an appropriate number of certified copies
of the Order fixing the hearing, in order to permit Applicant to
timely deliver a copy of such Order to the appropriate officers of
the Riverside Reservoir and Canal Company.
3. That at such designated hearing, and after consider-
ing all the evidence, facts and matters involved in the case, the
Board of County Commissioners enter an Order describing the irriga-
tion works in question with sufficient certainty, and fix a just
and reasonable maximum rate of annual compensation to be paid by
Allard Cattle Company to Riverside Reservoir and Canal Company for
the carrying of Allard' s decreed water rights .
Respectfully submitted,
ALLARD CATTLE_;COMPANY
Charles A. 4Karowsky (4155)
KAROWSKY, WITWER & OLDENBURG
Attorneys for Applicant
550 Greeley National Plaza
Greeley, Colorado 80631
Telephone: 352-3161
STATE OF COLORADO)
: ss .
COUNTY OF WELD )
The undersigned being first duly sworn upon oath, deposes
and says that he is a partner in Allard Cattle Company, the above
described Applicant, has read the foregoing Application, knows and
understands the contents thereof, and states that the same are true
of his own best information , knowledge)ard belief,dicSubscribed and sworn to before me this 0.V./— day of March,
1976 .
�&Notary Pub c
My commission expires:
My Commission expires Nov. 8, 1971E
Te _ , .s- ,c =S
:T?NT and A33_SJ`''aeT Ton 1139 of diversion Pnetlit:9s o" "'i.ve . 3ide
Risen' r ani Lent Solitranv Final to ores nt headvato of The Seventy Parch
o•-mei by The Allard Battle Connany.
1. The 0°-ierside ^omnany will ru nish diversion dan and canal to the heaigate
off }he Seventy Tanch or Tllinnis Ditch, including construction and main-
tenance and operation other than '‘*hen 9 Seventy Rana; _3 rtarn2n7 water
alone.
2. Then water is b .inF> run by both he Seventy Tench and
T' versirie intearest.s
the water will be run simultanio,isly ;with cooperation between the Seventy
Interests and Tiv'rside interests to raintain the check di_V3nir- from
the aiverside ;anla to the Sevent-y "anal.
(a) Then riverside is runnint the *'TCra1.1e in?rests will operate
the Seventy clack and -uitr '9i,r sioi, dais.
(b) -gin Seventy isre-mina, tr=.y et"' o-,er t- the >"79p'"`i n014: and
date rain -_ ,er ion cam in such -t anner that ttse least
-c Let o" ren1 . 11 be d-r_a,!n to the e_ is l one a --,si-.
, ln'ino eo rase over ti 9 rain d'ro and downstream
into the river.
s. -t-.> -heven v _t te, ssts ,ill eonrtr ct,or-erate Ind maintain e_Te d ver^,i-�r, shads
rsrside Ssnal to it:vent t1 e Illinois wit -r into the Se-vent-7 ;anal.
L. The arnill lease eon-OH -re-tic-pi h . F^TB, p '�aid on or 'era •tob=-•lst.
^or t•!, r-re.st 39e ion, sul-'heat to review an A tpossible . an - L'') years.
v r _ -•yo- . a La ,o--nary
7.11 _7'1 Fitt,`.
i/ c—c-cien
Vie-:
9 J
37.85-i. _ < t
Charge for Delivery of Water y %. .
a "1;117.iii' ,
I Ala ( owned defendants. purpose of I se t the 'IUi n l that the r
noslsions of this section. It nosheld that this
r l hcl. Wherein dwinp the 1
uud plaintiffs t m .r d an section did not apply to the situation. Bicknell
s4.,„* ,,
i .,in; Nmch included I request c. Vollmulh, II'_ Colo. 207. 147 I .^_d 478 p�. I ¢;..
-vu„WP+1Yx ..rat lees he assessed Batt 119JJ;. '1Gsf"w, q
addition to costs for the sole L
41 • ARTICLE 85 ^ a
I thit,tne- Charge for Delivery of Water iii,r .,8 er��r'
rokl•,,•
�. to ,�,rdarem•: for rvtles R r COI pH furnish inti wafer_sec � 7-d'_-1117. �-ila� ��
37.85-In7. False swearing. '+1 �"
:itt.4IDN Person Jcflncd—I;;bilil). ! '4
+I l?aNI•• ROI; 1 continue purchasing 37-Ri-105. Bonus deemed an extortionate
Nile! rale. •iN a< y�
t'emu% ommissione s to hear 37-R5-10) Penalty for collecting cxcessise
<
t • i
R ,sod omido ;ipl Ilcations. fate.
w Y llmun;s iunecs to appoint day for 37-85-110. Penalty Cur refusal to deliver 4. :
healing water. ''
. inflict.
tt.1 ' ;)nlcr fIJ-- test of nni hearingy
;n YA;U;f Hoarm onv __ mats; ss-III. AcltoJena a wtr.corporation rc use"
mum r,tics, ,i_J g�
t
CSA t rc.1l11. "Person" dafined - liability. "Person". as used in this rticle, r. ir14e
7.:1 corporations and associations and the plural as well as the singular
Every officer of a corporation, or member of an association or ",' '1,
n wr.,-;. . crship, and every agent N tolaltng any of the provisions of sections +1 r
Of ft hr. Its to 37-85-111, shall be liable to restore the unlawful consideration +� '
Ic+CMn • trd. and he punishable under the penal provisions of sections 7 85-108 " ....
� •;
ammwo sc-Ill. the same as if the thing done in disobedience to said provisions ,y
:,•r:aala,.ntI ..
f Jane fur his own sole benefit and :advantage.
torn vaa3275: C. I.. § 17. 1: CSA. C.
source; L. 1887. p. 310. § 5: R S. 08, § 5
I, 1.19:CRS 53. § 147-8-11: C.R.S. 1963. § 148-8-11.
('SA. I
4.
r.55-102. Right to continue purchasing water. Any persons. acting jointly �6
zvcral!v. who have purchased and used water for irrigation for lands
i
6 peruse p,cd by them from any ditch or reservoir, and have not ceased to do r . c
u ril;Jlr-r+ , f ur the purpose or with intent to procure water from some other source , fit
h. eac.F pply, have the right to continue to purchase water to the same amount f• nvt,
r b>' �' ' air lands, on paying or tendering the price thereof fixed by the board
;eecisn ,ounty commissioners .Is provided in sections 37-85-1(13 to 37-85-106, or,
iii Nha:1 �:'
,.� price has been filed by them, the price at which the owners of such
upon h,; i,h or reservoir may he then selling water. or did sell water during the
•Ip notif ich List preceding year. This section shall not apply to the ease {of those
utg up,a ‘ , may have taken water as stockholders or shareholders after they have Lot,.
•.v ho mats '.I or forfeited their shares or stock. unless they have retained a.rightu so tf 'y
""'gc r`:'. ,,cure such water by contract. agreement, or understanding t
be P•1r-' -Sucen themselves awl the owners of such ditch. and not then to the injury 1. s
he firm '. other purchasers of water from or shareholders in the same ditch.
Source: L. 1879. p. `tl•. 3: C. S. § 1740: R. S. 08. § 3264: C. L. § 1741:
I ,
SA. (` 15A. C. 90. § 139: CRS 3. § 147 8 I . C.R.S. 1963. § 148-8-1. ii: .'-'AIL'''-; 1,,.
Nay
In rlc nerd. .
o
II. The Consumer. 4t.
..
st" yya__ •a. a �fi ��y of " C t ° 1 C','del ! � px✓� p *7 �•
t� . 7 '''."4A:.".::
a 6G� V 'fie 1 t d �f4t;'"/".., r t a •• "
a �' p2 a xA .: t 't '1 � :r 1 '
+' i a a... T-, rye, Ft' }x a c ,i t u y ,,3 al3"',a t rr. r r
4i FI ,, % ,.j• '3' r -4 4,.� fx 3 ar '' 'Sp:1,( r1 i A# 1f t a r '
^min C W •
a hA 1� s{ ��++
sr4 f �� ° d"t M d $ t a .
'4 � • 4' s r n av � �, .,. yr ad1 $ .1r's Mr r yt. l�
f.,�' e' a (: t rI xx` '�` f fit �t.¢. f ..;',";i8).:'S RIA } s'`' ar4; tro IJ'a "SF F7r
1 s.r. � e •0;' ,� r(�;d 'fir` � m 'rF ? =`y ti "'d+*' �-r (�a o , x 'e ,�'!'��n�
.... .»% tis.i.:.,uNA+a.b„ ..,..t • i.tiu. �u '`' t,�f' .r ;�$tYr^+idp al xa.°..d' a .
er
37-P5-I(12 Water and Irrigation 536 537
x i r 'ts ill_ I he furrier.
use Green'n w. Chalice fee Duch ('o.. 150 Gala mean ur.
id IV. Measure of D-unugc`, e11. � I I' 2d TS f I r?I.I eh
h h. GENERAL. A user haling curb ao leA for and benefichdly effect t In
used for irrigation purposes a sauufre volume volume a
Law rrsiews'. For note. "A Survey of of water for any particular year, without arty olhenw is'
ffil Colo rr h AViler 1.'nc'', see 47 Den. L.J. 226 slid Iintitallon ue to future use. would he City &
><„ (197a. entitled to the same s online each Ieot sue- 216, 1781
a Slane mans water dis cried from natural ccedin . when needed for the purposes of When.
rti t,p stream. Wheeler s. Nonhetn Colo. Irrigutiuc irrigation. upon render. ❑nnualls. wilhnut limitation
4r �` Co. 10 Colo. 582. 17 P457.3 Am. ,St. R. 603 intermssion, of the rate win h the eornpamy take the}i'sr;. I INN Northern Colo. Irrigation Co. v. Board could law fully elect and entnnlian e with its c # of torpor., 95 Colo. 5C5 35 f' 2d 889(19341. riles and rerulat ions. so far as reasonable. the earn:
'�,� null r the carrier nor the landownerass its Nanhet II Colo. Ill, Lion CO. s Richards. 222 from the
the water ;: ()Is
front a natural stream in Colo. 450. 45 P. 4 1 11896Is L County of y.in other .
"0 {� r° Colorado: They have only the use thereof Denser v. 13 row n. 56 Coln.
se's under to •ubtttons 216. UN P. 44 for earn,.
F pig se rfhcd by the state. (19141. Icons. s..
Hai which awns the war. Northern Colo. Irri- Where nothing in a rampart specifically for the pr
f` gallon
Co' a BBoard o f Comm rs_ 9 Colo. required the grantor to continue for any deli. A CountsSSS 18 .ad 859 ,1'r34r. See wheeler v.
' (+- Northern CoIn_ Irruealinp Co.. In Colo. 352, there i time e the exercise aset' of his right, nor svgf 138 P. 44;
in the lands.
f ny:ma' under shish plainest A roan,d -
�5r. 17 I 457. i Am_ St. R. h113 (18,571. Farmers held the lands, any un•.diGon or rcquircme:n from a dig
' ia.1. Water Dix-. Co. s. Burrell. IS Colo. 14(1, 376 that he should nbscne or per Curti any of the company :
i P 2d hn t conditions of the contra' under which water the strew.
:5t01:11(1.... To u•oslitute a salad appropriation the water had heel obtained. it was he'd that a prom. occupy Ti
diserted 'Mist within reasonable lime he sie•n of his contract that upon !allure of Ina uppropri:r
a. pph d In state heneflcfal use. Wheeler s. grantor to pas the annual re ital. he should rights are I
" Nor'Ih rn Colo_ litigating Co • Ill Colo_ 552 silt'rendct all right or interest Ihereh a ", � 17 I 487. 3 Ant. St. N. (113 118871. See der created so far ns
+ ( did unl necessal its :ns'alse a 'amender rr of the well as nu Thonln 5 Guiuutd. 6 Colo. 530 (15831. statutory right to continua to purchase water the tarot
Con Ill v. Left Hand Da'h Co . 6 Colo. 443 for the same land, and that notwithstanding company
rip (18.931. Highland Dnch Co. s. Union Rescr-
pght ft's repudiation of the contract, ]e ditch, irnh vuir ( o. t Colo. 1153. 127 P. 10_'5 1191'1 right unarm win
er the stature , undeniable. Brown, si•
,17(X:.."', Pioneer II 1111,16O11 Co. c. Board of Comm'rs, Northern Colo. Irrigation Co. s. Pouppirl.2'_ Wright s
yr 216 I 7911 HT Colo 19161. Cob
But the priority of an appropriation Colo. App 5est 127 P. 12511987. (010, 322
I may And a corresponding doh to deliver desuhes Denver v.
dale from the commencement of the ditch, upon the carrier. Northern C'n11. Irrigation U'7(191_
4.11e. w proper diligence hawing heat exercised. ('o s I'ouppirt 22('alt,. App. 563, 127 p. L'5
Wheeler v. Northern Colo. Irrigating Co.. III All tors.
ro rr [1912). right to lb
Coln 552. 17 P. 487. 1 Am_St_ N. 6113 1 1 55 7).
Section dues not apply dy to a proceeding 8W if by collusion with the employees of the decreed Ib.
a{11 k irrigating company he reed sew laie 'tinier. aggregate 6
is a party. -n wherre the question Io he deter
(414:‘
mined .aas 9h a sheriff's deed includes a making no guy.merit for such excess, he such gala()
"ha muter II II:. (race aryuites no right t uch escessise plume is plane. Cats
s ', p per er v. Shannon. 36 Colo. 95, subsequent s m's. ( ita eg County of Denver Lola.216.
5S P. 118 Ant. SI. N. 95 (19061. v. ISrnsen.56 Colo. 216, 138 p. 44 119141.
Where Pr
II. 711E COTSt%IER, The cnnnu t'ea's rights may be svaiced, and a ditch was di
'; columns contract as to these matters may he or Colerpl
Where an original appropriator conveyed his handing upon him. Wheeler s. Northern('ale were to sing
`,: water right In a ditch company which in turn Irrigating Co., I11 Colo. 557. 17 P 457.3 Am
X'?" contracted to furnish water for irrigation to the St. N.r 01 consumers iewir
Ilh'8�r. Ittu would
appropriator's land without charge. such 11 here a consumer, by the annual "Scof tho separate con
i,. appropil. V1/4.15 n no longer owner of water water in a particular snlume, has acquired the classes of c
llr
right bur a con m suer sshose rights were right to continue in the enioyme t of the same respective I
determine by c m
ntltact. and his successors in 5 clime, a conduct limiting has right. Inc use. ( Its
I
inleresl griircd Hs rights Ihereundet. Green imposed upon him without his consent, and 56 Colo. '_Ire
1'17uc r y. Ch Ili Ditch ( . ISO Colo. 9 371 P 2d molest is ins,i
against his otlid e',
775 lug `Iwhere .I A prosdsio
municipal cot['matron n having acquired the sumo and c„r
And vnlr actual right to make use of water control o f the wvtk o f an ',ligation contour( which the e
on spou a li, lands is far different from the requires cacti those who .tie cuticle(' to ITcl ul 5 sal'.
7,{ . "wart r right ' acquired ha original a I roptire supplied therefrom. y reason al <1 such fermi Brown, SL t
tie non, disetsron and ,Ipplieation to a beneficial user, to enter into contracts "suhjecl to the
119101.
}"d •`7y s4, •, ° 4'`, a { tM4� ';'?I'''.'''''
yr, J171'(1•117:4%1114-1r75”1/144,
Yrw- 4"1�. t a' +1' vd (:". .51',114(,#(71.1 br ". rl s� '! 7�T'u r 1 ' e
1 r.
.ef*r M C tx �' ,a, 1 kiwk' ,i it..,-„,..,47.4:,,:,..,,.:,:..,,,,3;" cl a .
3d n} a 3 r 'ak-1; ' 8 ' s ''''-',':•":14V ° N . y7+ s "rV ',V..1"- . w fh t x
,7 ar,i4a
t sV r fy? r x a8 6 n sro u +: a ! tAk ar xv i 's
{� d R rt v it p t '11i411M:(1 7 �
f u wg Il MAkj ez t, 1/4 , 1 a]f>a tpra , lr'��. R s k �1 TW 1n t v
•�r
a N , 3.2 w'p# tx, w } wyye - R .,ti t , i $ ,i l 4'r '� 4 , K.
--:, , t :1;'Y: \ 1r ‘,,,,,,,,11`.! r 1," xX � .A ew ,:,-.t.,.;,,
t tis.1;':' 'Iv,..,4,iln.$a f��a ;u.q ,•. (�'
! JJh. . ..SL M' M.
a..«.. .•/5 4
f
5u, X17 Ch.uge for Delivery of Will, r 337-85-1024^ l
r_
150 Cot zeds and requite merits of the ciic., such Upon tender of the rte fixed and compliance A {
*
^bats executed under protc t ore ss it bout with reasonable regulationsregulationsestablished. if the t mynekl*R, 'lit:0 to limit the right of the consumer to the carrier has w,ace undi.p teed ot. the consumer P, '
die • uw dome of water before rightfully enjoyed: is entitled to its use, and mandamus lies + a^ r
ithoul and a:erwnc as to ens Solunte in eece s thereof, where his demand is refused Wheeler v,
would Tv my C County of Denser v. Brown s6 Colo. Northern Colo. Irrigating Co.. 10 Colo. 582. 11.:&l:;:i
,t )`i,
i rear . .
16. 178 P 44 119141 17 I'-487,3 Am. St. R. 603 (18871.
posLL .a
pose• v1 When, haw ever his contract expires by A prior purchaser is entitled to continue to
with Titillation,and is not renewed.and he does not purchase. although he may be able to obtain
unnp.hr r ';•e the necessary steps to Ares tee the status water from some other source. Golden CanalAr +
with 0, y,aumg out of his contractual m elation with ('o. s'. Bright,8 Colt. 144 6 P. 142 118841
asonabk e call ier his rights to a future use of scoter
111.711E CARRIER. .- `
:chards :: 'mm the ditch cannot be e 1'ased u n I ni use. � r
County e'1 ocher words. his contract with the cattier is
' r cartage and his rights me limited by its The earner cannot acquire the rate-making
I1N P. Li power although in its contracts for the sale of a ts.
'ants. so far us to the volume of wafer
pecllfeall> " the period mentioned in his contract,iCo ( ity
water it may attempt to reserve the right- and
1 such contracts are subject'I to constitutional
.1 County of Denser v. Brown [ Colo. '_I6- lr
r any cede 's I'.JJ 119111). and ',pinto's ulory pros moos which should he read ( �r.
I, nor sus into them. Northern Colo. Irrigation Co. t. - t�
h' plalnldt A consumer supplied with water by contract Board of . North s• 9s Coto. 555. 48 I'.ad 889 ..
cgmrcmct
horn a ditch owned and operated by a carrier
any ul ire c' mmpary' in a urine is an apt rip maalor Inns° 11 And d the carrier assumes and exercises the
t stream supply' st, the ditch but does not IT o
butch we'r _.cops the exact vtalus of an independent rate-making power its acts are subject toi / ...
I ae prat - atmew :uhJ change by the amnt commis. ,
lure or Ihr :prropraior directly from the Ream as bus �- ' ' SY
:Its are limited 1 s the terms t In gamiccL sinners upon a proper showing. Illus.his_ in
he e.,ird effect was decided in A1onteium h Water ,1;
y created " fat as sand. with the h m . C as -'ll•c as other limitations e loch ilia law e Rom Land Co, s. Mdr tee ken 62 Colo 11 161 P.
if
oiler ul It-r :86 fU171 North tin Colo. In ig dmnn Co. v. 4 •�...
base wane `c' panic of the relation contract ennsw ter from its Board of Comm rs 9? Colo. j55 38 P '_d 889 I
l lr,i ma w, 1197.11
Lt h imposes. City & County f Deny el v.
nlent terSee
ndeitiahl< !hewn, 56 Colo. I( 111 I Il 11111E S e An irrigation sand uunpmq earring water - ke1
Aright s Platte Vale) bgri ICOII-6111 On C for hire, is not the proprietor of the water
uuppin' :) Jo h) 122, 61 P. 603 11900). C its & County of which it is entitled to divert but must be
348 regarded as 'an intermediate agency existing p o-
her deid.n ikmcr v. Walker, 45 Colo. 387, 1111 P. t
rx1'11. for the purpose cf 'aidug consumers in the
rrignlm 111 consumers, generally spe akmg. hate the exercise of their rights to app ropuale water,
,. 127 P. I" n;hl to he supplied front all the priorities as well as a prig ate enterprise prosecuted for
reed the ditch through which the' are sup- its benefit Cits C County of Denser v
-Ime of Ow - Brown 56 Coln. 2I[ 138 P 44 119141. See r'e
,. I whose m'mghls by virtu f prior use - ,
a volume m ,ocrate the volume of such 1 a rimes.and in Wheeler v. Northern (o10. Irrigating Co., Ito
',tee eunb a.: „'a circuntsl:Lnces stand upon an equal Colo 582. 17 P. 487, 3 Am. St. R. 6111 i18871,8 8 71, ,
excess. t' t'1m.e. City & (minty of Denser c_ I nown.56 Wvatl v. 1-'.uimet & Weld litigation Co., 18 �
.r volume lop 216. 1181'.44119141. Col 98, 13 P. 141 36 Am. St. R. 2811118911:
s of Uen"r Where the first appropriation decreed a Ruiners' Independent Ditch Co s. Agricul-
1('114 d teh was designed for sonic particular purpose tural Ditch Co.. 22 Coln. 51 i 45 P. 444, 55
may
and .. it enterprise, and later prior ties awarded Am St. R. 149 118961:Wright s Platte Valley
tiers map 1. sere to sopphv a different class in group of irrigation Co.. 27 Colo_322.61 P. 603 t 19001. -h
n them CA ,hnsumers Gum the first. then the later prior- It is a quasi-public sees ant, charged with 'y s
'. 487. 3 Am hies would be as distinct us d used through certain duties, and subject to a'reasonable
mil use of
IM tiprde umals and the tights of the different control, and it has. in general a monopoly of "
it the
Josses of consumers would attach Dole to the the business, and. at common law, could not
t of the sari 'r peclive priorities ;iv aidedfor(heir re spec- coerce compliance with unreasonable regu '.r 4
a e axe City & County of Denver v. Brown. toms or charges. AVheeler t Northern Colo.
his ri(h' gi Colo 216. 138 P. 44 (1'x11_ Irrigating Co.. 10 Coln, 582. 17 P. 487, 3 Am.
unseat, JrSt.R 603 i 887). t
A 'miniskirt in a contract b h cxn the con- �. M�'
i , where unnrr and carrier limiting the cc lauue of water The carrier is entitled to compensation for y�
it etimd Ile ',GA the consumer is eutitl I to h'ese delis- carriage, but it cannot charge for the right to k
n led Ii, , iii
tilled In re ,cJ is v:aliJ. (Ms n Courtly ,I Dcnycr v. rise ntalcr Pram its email, riot cite ii exact in
grown, 56 Colo. 216. 118 I'. 14 119141. See advance a part or all of its Iranspur l'atinn
such tom,— 'Omit v. Isola, 48 Colo. 114, 109 P. 748 charge, for the remaining years of its eopo-
nhjeel to On :191111- rate life, as la condition precedent to use for
it
qF .,`„_ ,
40,x,.a;D
t.. .y
55 h fsb'S M M a 11 ',;,;',',,,];04, 1:,',,,,f; ,4.,!,-;'8 `,Ay. ,tai
" uhf � a,T B a''sC'r '`4 a 4 . s + r , d tit : 1 'ff.i t t 4 i;',Y' t 1 tt h" r
v ttry e,+av : a,14 r1`x b w y a♦' a x,
T • x '71`4,,,,,a•, e F yV p, 4 y
�� ap r7y'" ' ( F . fC y � ^V'r+$y C"� 'Y�k e45YGSd� ,�qc, "�` yr"rA.,m e4e n $ yt - ;'•
n l ,f F a rr tr u fi�rfd
{ r hi 54A' tw' V tea • ' ywy'` as + r1« �4y
w `1,e l�a '$ tC p ;s 1S (y t . ,,-1,,,42,,,40,14, 8 e 14 . ar
Aex xf�kw,. 6%r s x r + <,41:' rc .. ° � 31'4 ty'^sq f dm ( e'{F4 i �,2aa_Tn".,
.14,4„,,,:-. sYyl1' ,aa.raiic
f
P
r �t R. 538 539
.�, �'� 37-83-103 "�'atcr and Irrigation
3-
nr i the cunenl urapatmg season. Winder s IV. AIPASCRE OF DAMAGES. and collet:
ater to I.
,.. 7 P 457 Colo.in Si.c L Initiating CoC15 111 Cola. i82
t}e' 17 P. 18?.? Am.S IL. 1 n,I IR8N1. The rental y:dud of the land is not in he taken latter bet
r A ditch owner ma) make reasonable rules to as the measure of damages for a failure to fur- this seen.
be absersed by both himself and the consumer nish water for irngallon. except when the upon and
in the .ale oil Jianl ulna of water consequent
'um his consequent loss of crops was citric. Northern of the re-..
r "l t. s,' ditch but a prior put 'haser who has complied Colo Irrigation Cu v Richards 22 Colo.49, to fix it
with the pi cis i suns of this section cannot he 45 I'. 423 118961. Water Dc.
d } 1P cif reyuu ed.. is a condition pr 'e lens to the And when, in an action against a dilrlh P- d 691 I
eserese of his right to pureh ise water. le company for damages for failure to furnish The unl,
I. ` °i f. its know ledge the eqully of all the rules wafer for irrigation the rental value of the rale mab.
ado}- :I by the ditch owner Golden Canal land is adopted as a basis for esnmatee enmmis.r
i Co. v. Hight.5( olo. 144.6 P. 142(18841. damages, the lug should he ins}na cted to then olds
a . , done ill
ry
€ � tiiuce this seclirn declares shut. upon doing deduct farm the acntil ;:due the n 'es+:m,
w 4 certain things a consumer shall hate the right outlay which the plaintiff v.oard have bee,. or m r.
N 1. .. - .
"g pw ch In rcc walrr d rc cpo ndc ul, n yandd he rryured to MAC an the cultisuhun of the
Des Chi
r - -
}‘'..5?...',,,
t≥; �''I all impotent gun ei nr Irmo to hdolrt that a clear lands. Vonhdrn Colo. l mphl n>n Ca. } 6931116`
legal obligation Hulling the latter to sell is not Richards. 22 Colo 4411,45 P.423(18964 But :m
also created. and the consumer as e ntil led, While the loss of trees.seed and labor,Decot
decree d.
s* upon performance of the condition precedent. sinned h}' a failure to tarnish water for inn.
plaintiff I.
to admission to the use and mum.meni of it nation, mot con,tilrile a proper element UI extra t,. '.
col :un yaunlity of "'nor from the carrier-s damage in an action for such failure.compel, t hirged r
q r ditch to sr" Ih',II the latter is not hurclenett cation for permanent improvements or for the you,
L 4.r 'lkfIIh a 5%all t he dui} of admitting the farmer to sot deprc iaWm in wevalue of ha stock 'end decree +I
41e4+ ?,{(¢' use u u enlocmurl is to den} the right and farm i nplemorts 'unh n he 'e i feted. Nona county
nulhl, the statute. Gulden Chirac Co. v. CI n Colo lo- hrrieati n Co.. v. Pichards,22 Coln. Ditch C.
13riµht-Is Colo. 144.h P. 142 118841- 450.45 P. 421118'1h1- }19721.
37-85-103. County commissioners to hear and consider applications. The 37'8-
f 4'111. board of county commissioner, of each count} , at its regular sessions in each count;
y t u°: - of wit:.
year , and at such other sessions its it in its discretion may deem proper. In
view of the irrigation and harvesting season, and the convenience of all par applicH
ties interested, shall hear and consider all applications which may he mule belies.
T`- to t by any party interested, either in furnishing and delivering for compen- (temat r
1an oril
xy� 'wr
sation in any !flannel, or in procuring for such compensation. voter for die the Ur
ri' • to gatiun, minim nulling, manufacturing. or domestic purposes. Iron any ditch.
canal. conduit. or reservoir, the whole or any part of which lies in such all pa
county. The application shall be supported h5 such affidavits as the applicant m pre.
kts ri'i . may present. showing reasonable cause for such board of county commas- tary 1.0
sinner\ to proceed to fix a reasonable maximum rate of compensation for said d
viler to he thereafter delivered from such ditch, canal, conduit. or reser;olr. Su'
a within such county. 90, § I
e t Source: L. 1887, p. 291. § 1: R. S. 08. § 3265: C. L. § 1742: CSA. C. Cr
9(1. § 140: CRS 53. § 147-8-2; C.R.S. 1963. § 148-8-2. 37
�
lLn " [-TS.S tide '14( I S Waters.§ 67. Water Des Co. v. 11aCR'il. 151 Cnlo. 1411,1'e sons r..
The counts commissioners bane been P.2221693(1)h21. irrlgatc
in, slid with the power to set rates b} the The rate-making power ran not be delegidrd agents
Fogg-ado constitution. Farmers Water Der. to ushers. Fanners Water Dcv. Co V. Barlett. proce+.
Ce. s narrcli_ 19 Colo_ 140. }76 P'd 693 Ill Culp. 14U_3'( I _d 693 (171"1. for lh
119,1'.a. Therefore a carrier is not Nested with power l art,
And t n-sn ou to § S of art. XVI. Colo. ` e
to presetibe the rile which it sh ll rceche air the S r..
('ins the general assembly has prntrded its sc ryieds. Parole's Water Ddv Co- ,
eIf 8 X st 'un , procedures under this and the follow-
Bartell. ?I Colo. 11f1_37G I'. 1693 t1962_I. fled. I
',lc. in taus ,vie ehv those furnishing water Or to
ni#whart P e', tai. can h t the eounls eannnussiuners And a contract the carrier and the
or tetwern a 4. I establish reasonable nnnanum rates. farmers consumer. w herd)} the carrier attempts to lit
r� a
1 � 2 � n x # n iISM1M1M1 e e ( 4 u ,�,,�, v. k��prM
Y ,$! -. a t �; V ,..„;,;;;;44,„ 4 4 e j V ' b ,Ar"� . a 5 t' i..
1 ;,,,,;;,,,-1,8
I 3Kali P 14 t'4 y !f
k � , , v } j r«h1 t ��° b x r l'ir'e 9 r »- s"t cp it . ,i
rt c7 a r t 0� ,. h vie a . I ,t, i 'P r 14 r� y v °4$,t fY l .lyc : r o ha r
p "t 3 r f 0 t 4 a ii f r Y.r r '. `q ti'?
w rr d y„ T r• Vai 'f a F I w ,
°�I t'4k a r a.K SstF r f t X311 2s' 4e2A, a t 1 r` t P 4'it rr" „'p • Y- . 3'Y. y 'r 4 ( _ k
i.} ' C'' fat i 7�y, r .. 9, n 4C s tr l r & i. ••a «t ai � �1 tqg . 4; trrtitt.
� v t f c-. r:t er"d wShQ +iakt irk „.'sera[. d ..lT .�- I , I ,r..' t 4 Lf49;tr eic -ei c . d
tKYf
538 539 Charge for Deliver of Watt., . .c.,-:...,,,.. ., 1
y 37-85-105f < :
fya r
"iiand collect the rate for carrd ing and deliterin ,y ^ r tr
rioter to the consumer, is not 'Undone on the a lacor corporawater tion
has hero defined us f r s qp`,
lake private I Organized for the express ,4 �k•f.
Litter because the Colorado constitution and purpose of furnishing wider only to share- TT la fur.
this section upon the subject, has conferred
o'n the holden thereof and not , profit or for hire v. v
spun and rested in the county sthee sin .pones Farmers 0, 176 Water 693 (1962).
C u r. Barrett. 151 Culo-
lbana at the respective counties the esclusfce poser WD. 87r r d �'v
414. 7 s r
nh fix the rate fm such se!t. Farmers But where a party is entitled to run water ,tit
Water Dee. Co. v. Barrett, ISI Colo. I-01,376 through a ditch as co owner,in the absence of a '
a Stab P'-d f 13 119(C,. contract concerning
tarnish The only time the courts can Inlertere with company therefor. hems must
pry his the ditch
toro rata
•f IS rite making is after the board of county share of the upkeep of the ditch. and the ning commissioners either acts or fails le act, and amount Used by the county'commissioners as 413:34pl- l s
'rd W .hen only to deter m ine whether what was to such share is prima fade proof thereof. >" e"
is earn! rine or not done wits unreasonable. uhur.ux Farmers Wales Diet Co y. Barrett. 151 Culo.
x & a`5
hestn an hl use of dis action. Punnus 1V.for WI1, 371 P.24( 8f196 t in '.
,d taw Dec. Coy. Barrett, 151 Colo. ID .( P'J 1. v
'. ♦. r,ar 1191 I And no stipulation of the parties and no d$,� p I r� ,
decree of the trial court can hate way talirlity 4''- Y Hut an assessment prodded for by a court as to the rates to be charged be a ditch i'173 ,., �s. c.eu. drrrre directing a ditch company to assess and company to users who ire neither slaekhold- ark, 'r ins. plaintiff to pay a reuunahle rate 1 n carrying cry nor co owners of such ditch comp' .y':the s -0xf a
'it S torn wider for plaintiff is not h tale to he authority to set reasonable rates I n the car- y aY .�1P y i
hose Triaged for use of water to he del tinned by tiage and delivery of such aster heine in the 4 IW 'de county commis boners rind it court'shoard of county commissioners. Farmers (...f
.t%
„
zrW Ir-rte does not usurp the rule pow t f the Water Du. Cu v. Barrett. 131 Colo 140.376 emu'only' commissioners Zoller v- Slid Creek P.24 693 (196_')
I Sly. 'ts?1 Co., 31 Colo App. 99, -MS 1 d I U,o
ha w
The 37-85-104. Commissioners to appoint day for hearing. Every hoard of Kt y ,
rack county commissioners, upon examination of such affidavit, or from the oaths f
t, in of witnesses in addition thereto, if it finds that the facts sworn to show the rp, rf
i p:u• application to he in good faith, and that there are reasonable grounds to
ode believe that unjust rates of compensation are or are likely to he charged or , '
pen• demanded for water from such ditch, canal. conduit, or reservoir, shall enter
rni• an order fixing a day not sooner than twenty days thereafter nor later than
' tch, the third day of the next regular session of the hoard, when they will hear
itch all parties interested in such ditch, or other waterworks, or parties interested
-:Inn n procuring water therefrom for any of the said uses, as well as all documen-
'nrt. tiny or oral evidence or depositions. taken according to law, touching the
104 'aid ditch or other work and the cost of furnishing water therefrom.
'ilir• Source: L. 1887,
p. 292. § 2: R. S. 08. § 3266; C. L. § 1743: CSA, C.
r(I.§ 141: CRS 53. § 147-8-3: C.R.S, 1963, § I48-8-3.
Cross reference: For the taking of depositions, see Rules 26 to 17. C.R.C.I'.
37.85-105. Order fixing date of hearing. III At the time so fixed. all per-
rw sins interested, on either side of the controversy, in lands which may he
rigated from such ditch, or other work. may appear by themselves. their _
as rents. or their attorneys, and slid board of county commissioners shall then
'Cu proceed to take action in the runtter of fixing such rates of compensation
.riri for the delivery of water: huh the applicant, if the application is made by• „f
Iw a party desirous of procuring wrtcr. within ten days from the time of entering '
ri 'he said order fixing the hearing. shall cause a copy of such order, duly certi-
fied, to be delivered to the oscner of such ditch, canal, conduit, or reservoir,
of to the president, secretara , or treasurer of the company, if it is owned
ru by a corporation or association having such officers. If such owner cannot
'fy4y"���+pry.�y�yR5�,
•�ryR/Y A 1 ;ta (t..
^t44 4'4'
.P 7
,,,,..:1;;} F•I;N"V.
"# "� f 5 M' L �p�� I V r yt>� p,� Y p �t
h - ..ttS m^43$ r' 3E 1 u .aW' IT,t4,-;-1,,,, yn i Y t x 1 n . b NfF"eaf y
'aA ps s { --M'r .c:44°141';,-71'i'
*}y�t95'6 s'''':10.,31'e} +. d f'M1�
w, t y of Y s �rs i Yr -k4
1 4 f t l" ' n r -4 >t a F 4* •r `seaW ti �'
ti y '`4, 2 J a1- e 9 a + q 1 1 <d ,,,i.: ', t 'd
frai+f r " 2 �yy�Dze n, ,` se ^t!'•5 °a '"n trc,,iy,e k� t4•y �a v ,•;•,-,/,ly
,.F I. ''.ss 3 :, s ails KS r P• r * s y ee.4v4::1°s y ry r yy µ Y3 Ck4
.4.:4•J,.:-, H i'sf4 .,..1.•f^°•i ♦• • a#' t tt a' x '•i7er' 0.'..1,v1/%,,.,' 9 or a! J r + ,,;:,4t,,,,
-+ Ip{c k
h s #p° 1d !4 eras+l„ 8ri t 3' 4ie •.,; Sr ta a t4[r 1 h t4 "" •yll s A of f !zk-
if 4` . v kt<t . rl:1-4'.t t Y t 0343. r m x !vkv •Ey ti 3 Sa.. ri ed" `t e f d'>' Tea
Qa nfi. ,;v, .,"4T •,t sou, . w'k (yiy
; 'aa
•
` 37-85-106 \bailerandIrrigation 540 541
be found, a copy shall he left at his usual place of abode. with sonic person county
fresiding there over twelve years of age: and if such officer of any corporation commis
j= or association cannot be found. such copy shall be left at the usual place after he:,
� of business of the company of which he is such officer. or at his residence SOW
? if such company has no place of business; and if such ditch or other work 90, § 14;
is owned by several owners not being an incorporated company. it shall be
fi4,ir • sufficient to serve notice by delivering copies to a majority of them. In coot,
mn� (2) If the applicant is the owner or party controlling such ditch, canal. Coal., Ili,
yam, the three t
d h conduit. or reservoir, such notice shall be gb.en by causing printed copies cideJ n r.
4z" of such order in handbill form. in conspicuous 1ype. to he posted securely reasonable
3' in ten •'r more public places throughout the district watered from such ditch. of commie
i t" or other work. if the water is used for irrigation. and one copy shall be posted nor& '
for every mile in length of such ditch., but if such ditch, or other work, is va And
tail oils
for the supply of water for milling or mining, it shall be sufficient to serve amain pr,. (a such copy on the parties then taking water therefrom. The person making upon the .
�{ �,tcya. such service or posting such printed copies shall make a ff idavr, of the manner fn the nib.
{ M .� carnage I!!
in which the same has been done, which affidavit shall be filed with the said
i? in iudtur.=
hoard of county commissioners. Co v. he
(3) Depositions mentioned in section 37-85-104, to he used before the P.2dash
: ,3₹; board of county commissioners, shall he taken before any officer in the state Under w
! authori,'ed by law to take depositions, upon reasonable notice being given liking a m.-
It :7 to the opposite party of the time and place of taking the s:mte, the hoard
several u
e p. 3267: water t I_
' Source: L. 1887. 292, § 3: R. S. 08. § C. L. § 1744; CSA, C. 903 (Pm;
90. § 142: CRS 53, § 147-8-4: C.R.S. 1963• § 148-8-4. The land„
charges for
Applied in Al cCi a.ken v. Alonrenrnru action an],.
Wier A I.and C'o., 25 Into App. ?80. II? P. commission,
901 i1914;, carriage. an,
'Cµ• having it. ii
' to ha.e.. 37-85-106. Hearing - testimony - maximum rates. 111 The board of county me m l
at .,I
commissioners in ay adjourn or postpone any hearing from time to time as fucm to n .
''.4,, :,',..,;;P: may he found necessary, or for the convenience of parties or of public husi. costs and d.
' %m nesv. It shall hear and examine all legal testimony or proofs offered by any r' ,.dear' !
.Doable
ttli.f party interested concerning the original cost and present value of works and
a gnu: bud ie rose
,`; structure of such ditch. canal, conduit, or reservoir. the cost and expense . the user.
of mainrrining and operating the same, and sill matters which may affect the Rocky Mt. SS
t-II., _. esWhlishntn of a reasonable maximum rale of compensation for water to be 373 110381.
furnished and delivered therefrom. It may issue subpoenas for witnesses. On the yo.
for the cirri.
., which subpoenas shall he served by the sheriff of the county, who shall landowner is
it' receive the lawful fees for all such service; and said board may also issue rate base, ho:
a subpoena for the production of all books and pipers required for evidence profitable able is n .
�.. before it. ,kola(II is it red,
!At 1'_1 Upon hearing and considering all the evidence and facts and matters huh the cai!
r rumor ' . It
3
q t tl invoked in the case, said board of county commissioners shall enter an order t .d
74".' describing the ditch. canal, conduit reservoir_ or other work in question with it will he pH
sufficient certainty and fixing a just and reasonable maximum rate of lag. that in pa,
compensation for water to be thereafter delivered from such ditch or other solely upon it,.
without any u
t,a ' wink within the county in which such board of county commissioners acts. than the e,htri
a and such r:ue shall not he changed within two years from the time when • older. nicce]
it is St` I'lved_ unless upon good cause shown. The district court of the proper 1.end Co_,
it'll.).
'‘.4.3' 1R' 4' .n t ` v>��++�� a . y„y `.h &+ d,rkif, i, 44f.. .,%4)::(14.- �° , r.1a� d ;'.° &<`t :,q r s '-
a YeABx neyff YST fy k'II+ e t1 � eys^ rt fe
' .tft4 j i c,,.t ,).. a 41tk,• s f,4 ."',.-"'''S4','',,,11. ty ' t . t ter r a § d" +5 r • P
s• P• fir. �, ft • � yrA S� SB A .M �pya _ �i
tiFy1 ° M n t' i *11/..'c'.' el,*v. s l 3hyF n x C " "
a •
t 1� 1¢ '�,�t t 5 a 7 �q, x'�p�, 6\ }J? h„),,,..,4:::-.1/4,-..J .`v♦
y _t 4 ,,,, ;1' ,
i f .c~rm .,".Ts„.,.,s w a s s 7' rl .>, , ,xa x 44 s 3 1,i X -r 1.4_1,,,
''''..t ...% G 7 r I,ty� , t P�##
3 ate }pWfy 1.£ .91.t.:, ��.y„,0,,,„[?„,! ''Y .x w' T {y'1 ::'I t t <11.>"%(.-2,:q
^6\ e / tf. •
t ' ' ce `rM5' 'k3" A . H tlF , It k; ti`:. r k i'77,'",`' x
yy
,. ' ' �" s, r '�f Y`a. M.� •i + �' `' s�u• al fy .�£ _"
. ;, • 1 1',x
rt „g g4 •
5411 541 Charge for Delieery of Water 37-85-106 i 4,e .-°
person county in case of refusal to obey the subpoena of the hoard of county
'oration commissioners. may compel obedience thereto, or punish for refusal to obey, 't ;` y'.
'I place after hearing, as in cases of attachment, for contempt of such district court.
sidence 293, te° w.. I ,'�
Source: L. ISS7. p. § 4, K. S. 08, § 3268: C. L. § 1745: CSA, C.
or work 911, § 143; CRS 53, § 147-8-5; C.R.S. 1963, § 148-8-5. Y{1' ,,.
shall he € '
In conformity with § 8 of art. XAl, Colo. But where a judgment had been entered
('oast., the general assembly enacted this and declaring a rate of charge prescribed by the
Catlid, - 'ti °
the three preceding sections, and IlerUn pro- county' commissioners unreasonable 'Lind y
I copies tided n full procedure for est'ihl ishing a conlisctllorg, and n little more than throe °
'.ecurely reasonable maximum water roue P; toe board months thereafter. the board. upon a second
It ditch. of commissioners y1LChicken v. Montezuma hearing, established the same rate, the court p_ 1
W,Iler& Land Co., 25 Colo. App. _280, 137 P_ declined to indulge in presumptions in support 1 4 f1
posted tAI1(1914). of the second order. Montezuma Water az
work, is And this and the three preceding sections Land Co. v. McCracken, 62 Colo, 394. 163 I'. s 4
id serve contain provisions which specifically confer 2_86119171.
making anon the county a mmissiones the p wet to I
In the maximum rue a f compensation for'the
The maximum reasonable rates fixed by the 4 a$
manner e.,ali'ree of water In l e used f r irrigating board of county commissioners are subject to i (,'
the said .¢I iculuo'.il lands Northern Colo. Irrigation judicial control. Montezuma Water S Land t w,
to. v. Board of Comnfrs. 95 Colo. 559, 38 Co. v. McCracken. 62 Colo. 394, 163 P. 286 ' 4ia•,
lore the P-d5A9119341_ 119171 See Wheeler v. Northern Colo. It 4._
I these sections the important dun. III Irrigating Co._ III Cola B2, 17 P. 487. 3 Am. i
.he state st. t. 6n3 rlss7l.
hying a minimum rate is Jested exdustsely in
lug given the hands of count), Camnnl si triers of the
And a decree of the district court tac:ded an
ms eel counties_ AI Cracker s. .Alomeuumu 8 ,�%i'
order of the county commissioners prescribing s ,•
N w C 1_and Cu " Coln. App. 280, 37 P N^
a rate of charge. and enjoined the hoard from M
f $A, ( . ul l Ulll enforcing or attempting to enforce the rate so
Hie landowner is protected from exorbitant rs .e
prescribed M25 Colo.
v. Montezuma Water ;1.17;J.eharµs for carriage by the gnomons of this R Land Co_ 25 Colo. App. 1180. 137 P. 903 8
vdian authorizing the board of county (19PI).
,onunissioners to fix reasonable rates for
,.triage, and the eomp'anl is protected from Where the county commissioners fixed a
`,Wing its investments confiscated by its right rate, and on the application of a water .v
'.111.1%t!the courts enjoin the enforcement of a company refused to change the same, and.
if count) :.roe that will not yield an income at least suf- while in session, each member of the hoard
' (tole as !dent to meet operation and Inmate trance stated that he would not consider another
.'lIC hlisl. ,,sus and an additional income such as will petition for a modification thereof. the water
by .nx ide a return On its investment which is company is not precluded from bringing an ;
enable in view of the mare character action to restrain the enforcement of the rate f;
t irks and .'-I exlenl of the benefits. if any. Ili it accrue fixed and to obtain the fixing of a different
e mptnsc •- the users li sand of Count I intln.rs s. rate,on the ground that it had not, previous to '
If feel the tioat. Mt. Water Co.. 102 Colo t_ 5l. 79 P_2d bringing the action and after the expiration of
'ter to i nti19n81. two years from the date of fixing the rate,
on the question of what is a reasonable rate petitioned the board for a new rate. Board of ;
IlnessC s. la the carriage of water, profitable use to the Commis v Montezuma Water C Land Cu., S
ho shalt tad caner is immaterial in determining the 39 Colo. 166.89 P. 794(19311. i K
Also IsSUe •-'.c base. hut the extent to which It has been ,.(
evidence Lt hle is"fa u r to he eonsulee I in fusing
And where the rate fixed by the board of
county conmt issiuners for the use of water is
raid is a reasonable return on the I'le base to such that the owner of the ditch can make no
Ali h the carrier IS coiled BOill ki of County it therefrom, its enforcement may prop-
matte:• ' nom rs v. Reeky Mt. Water Co., 102_ Colo. prof -un ordet lit 91'_1e1373 (1918aerly he enjoined, since the term "reaasonable
compensation as used in this section. j' ? '
t�.tton with Ii will he presumed,the contrary riot appear-
implies that something must le. given for the '
i rate art '^L• that ha prescribing a rate the board acted
service. Board of Comm'rs v Montezuma '1
gait upon the a ulenee pp lace 1 before it, e 794 ( a'1
sir Olhd ( 93 ) S Land co.. 3J C'ulo. 1f 6, 89 P. t ➢ � I,
.Ih,na any mutiny 01 Ingxe r mot rce, and (19311. C
lers ails. n Y
t the evidence was sufficient to support the a ,
Ile when ,ter. McCracken V, Alontevurna Water & Also, although the county commissioners �)
lie propel ' 'ad Co.. 25 Colo. App. 2811, 137 P. 903 have the power to fix a reasonable maximum
'till rale of compensation for water to he delivered {{
1'. 3
G �r.
�t� p f
J �.at y si Y';^ay" t4i�'1 n ti R(, R'Y'A
t t s ;if
'
T�I 3 y �N I rj 1 �,i' �,�. �7��"7.4'rt cGr e j
T ;i<' sy �� at ,f
ug yk(ikaL 4;, 1h�0.'a
• . 11 9 ( 4 r 1 ,4}: 7178.,§1§j,.§1§7.-.%,
. r " 78 %'e F4 ! a ^ 'gh � s4jtt ;1$ e r ��• y s♦ x•`A<N 141i' t sca • 1 .. �,
"f,' t6 oaJ. r ,t,3 thf err �+, r a n 4:., f
.A� �t..l��t " "�r �'" `r�,rS"S .<�", a hi. 11
37-85-107 Water and Irrigation 542 543
t
si;;i' front irrigating ditches. this does not give to company's snit was the enforcement of an (2) A:.
them the authority to confiscate the property admittedly erroneous rate, and where such kind, whi
j
sir of the ditch owner, neither does r give them items as value of structures, equipment, and retained.
a*Y r' the authority to compel the ditch owner to operating expense. are or may be variable, Ilona! all.
r carry the water without compensation. Board and since the hoard may at any time readjust
of Comm'is v. Montezuma Water & Land this rate. the supreme court found nothing to
he fUrnr
try Co., 39 Colo. 166. S9 P. 794119311. resmew. Hoard of Commis v. Rocky Mt. extortion,.
r r �
However. ,there upon a second petition. and Water Co . 1116 Colo. 276. Ills l'?d USA recovered
• due notice given to all concerned, the county 119411 i. party to v
commissioners, abet (all hearing prescribed The hoard is not charged with the duty of
a:1 the same rate set down in the prevIous order g 7 rendered.
seeing that the prescribed rate is obsered by
so vacated, it was held that the second order of plaintifl
• 6 }*iy the airmen of w 1'.r. A1cCr.ickcn c.
of the boar t \sari not to he regarded..IN T.1 rinla- m n o/wad water d Land co., _5 Colo.
lion of the iu unction.and no SOM.(I 1 hung assailed Apt*. 7801 177 P. 911- 1914) e
by any direct proceeding, and no lack of 90, § 145;
The board can act only on the petition of an
jurisdiction or excess of authority being
'tl'iv. shown, the rile geese rihed thereb became interested party. MeC rile ken v- NI onIenuna C.J.S. Set
f t the lawful minimum rate binding :d1 con- Willer & Land Co., 2_5 Colo- App. 2280. 137 P. the eyidI
tW H.k corned. McCracken c. Nl unlentnra Water az. '/U- 119141 protect again
Land Co.. 25 Colo. App. 280, 137 P, 903 No appeal has been prodded from the or were in 1 .
119146 hoard's decision in fixing such maximum rate,
such ditches
But where a rate of charge fixed by the and for that reason we think when such one is receive watt'
�� hoard has heel, judicially declared unreason- once fixed by the board is accordance with Pa5itrenl of
to able and confiscatory. the board will not he this act. thewhom the J':.
,+t . general ved it cye,ll intended persons i1 obligation to
permitted ro :wade the effect of such judge should be observed served and of eyed hw:dl 311 Cola-FIe
meat by d.d.urng and establishing the same or corporations affected by ii until annulled
tide of charge. upon the same es idenee. by some proper court. McCracken v. I his and ;.
Montezuma Water S Montezuma Land Co. v. Montezum Water & Land Cho S Colo. penal and m
svry" > c fine and in:N14rockery t_Colo. 394 Ho I 286 Hu 17:. App. 2801 137 P. 9na 11 1144 See Cold en Canal
Where the only thing enjoined in water Co. V. Blight.8 Colo. 144. 6 P. 1422118841. corporation o
bonus or pm em
37-85-1(17. False swearing. Every person who swears or affirms falsely in III` "girt n, ;-
any matter is guilty of perjury in the second degree. Every person who testi- Ir"proton Co.
4'8118461.
fies falsely after being duly sworn or having affirmed as a witness in any The words
proceeding provided for in sections 37-85-103 to 37-85-106 is guilty of perjury persons, or
in the first degree and, upon conviction thereof, shall he punished accord- demand and
hen Ice craw
Ingly. whomsoever.
Source: L. 1887, p. 294, § 5: R. S. 118, § 3269; C. L. § 1746, CSA, C. possession d
90, § 144: ('RS 53, § 147-8-6: C.R.S. 1963. § 148-8-6; L. 72 p. 574, § 66. of being irtig.•
right to the u
Cross references: Poi perwns in the first and second degree. see§ § 18-8.512 and 18-8-501 wacther the L..
a" for the pu nix;un_ni therefor. see § 18-I-1115, with reference
37-85-108. Bonus deemed an extortionate rate. 11) It shall not he lawful 37-85-109.
" tiro?. for any person owning or controlling, or claiming to own or control. nnc controlling,
ditch. canal, or reservoir carrying or storing, or designed for the carrying after deman .
or storing of any water taken from any natural stream or lake within Ilite for irrigation
state, to be furnished or delivered for compensation for irrigation, mining. the canal. det.
milling, or domestic purposes, to persons not interested in such ownership after tender
or control. to demand. bargain for, accept, or receive from any person whoa shall demand.
ahI may apply for water for any of the aforesaid purposes any money or other making such
';;+l' valuable thing whatsoever, or any promise or agreement therefor, direclk or contract,
t; or indirectly, as royalty, bonus, or premium prerequisite or condition prece or premium 1
dent to the right or privilege of applying. or bar unto for. or procuring sum) 37-85-108, is
g p gbargaining
water. Such water shall he furnished, carried. and delivered upon payment punished by
t, , or tender of the charges fixed by the board of county commissioners of the thousand dot,
« proper county, as is provided by law. months nor in
'- Source: I
t.. 90, § 146: CRS,
151
S
a tl'
q y'
a- ilk' . c."'�r-8 `) k Pr -i( lit l 8n '* tf i A xi v"z �,. `., a _..
? {
, ra � a i* qy-a'� 5� 114,4e..1, rqt J rfq. #r ' r7 �$r.g •� 30i � r � xrl'i 8mi .:xr
a x,. ��° �. '� I Jr'
y sd i tar g a . " n ? j �
9 * ctnit
a^}15h _kit, o ,sx& ly • m 1 < s � s pFr
••:\•:',4,-.) g l rah s:yk. ,•:•;:,;i1.,..,-� . .4 0, i i s i t ie • Y .t
e ell ,y lq .T�x ssiA n 3.:, {,h S L ,. 1 7-i
}5 MST/�)�� $ /i�' l '�1 ,aJ;4�Fb
ds�'1 ". .4 *�9)T I+41‘":'''' 1 ' ire n } r a i :ti ilt, raya$»5�c'1 �E
!a1 Q 3xL rl sitar., e ¢ ,v d•h ! ->,,,—.
- q{.
f� �': ��, •.f=aa4 ,»' .• •, r r t* - •4,,l s �§ � " z .. * 0 •art..
.
t''.
narge for Delivery e( Water 37-85-109 �1
21 Any none 1 ; i '0 r
mane of ay ys• and every valuable thing, or consideration of whatsoever
where xit3� load, which is so demanded, charged, bargained for, accepted, received, or •
` ` .dpment ;not retained, contrary to the provisions of this section, shall he deemed an addi-
e variable tonal and corrupt rate, charge, or consideration for the water intended to t '' a
I nothing t.. he furnished and delivered therefor, or because thereof, and wholly a
Reeky +1, extortionate and illeg l and, when paid, delivered, or surrendered may be ,ks
:1)3 P.2d tin recovered by the party paying, delivering, or surrendering the same from the `.
party to whom, or for whose use the same has been paid, delivered, or sur- r• _'
i the duty a rendered, together with costs of suit, including reasonable fees of attorneys t " e
k
. ohsersed t a f plaintiff, by pro er action in an
r•racken p' Y court having jurisdiction..
25 Col, Source: L. I'1887. 31)8, § I. R. S. 08. § 3271: C. L. § 1747; CSA, C.
90 § 145; CRS 53, § 147-8-7: C.R.S. 1963, § 14887.
pelillon of•a }
Monte/um- ( I ,5 See 94 C J $ waters § 363, ceptible of irrigation by that method. t, r '
p. ,80 lr p sitei
the evident purpose of this section was to Schneider v. People. 3)) Colo. 493, 71 P. 369
prated against extortion persons who owned (19031. n
acre in possession of lands lying under ' "
�d from IM h ditches. or who were lawfully entitled to In order to bring a case within this section it r
ximum rate
is necessary that, inter aiia, the information - Y
ens water Ihcrefrom upon tender or
1 .
u such raft should show that the applicant for the water is
.ii wr.' rm o of a lased eontpcns anon, and In of the class of persons entitled to invoke the (g
nit the ditch company is under a reciprocal F' k
imended -1 ttion to furnish it. Schneider v. People, protection of the section: that is, to demand i
of the ditch own
4. all psi r 1a 493, 71 I 3691190. 1. s end receive from him the
oil nisi F,o this and the following section are purely wutei upon compliance by hint with the terms1tt
r acken . film and make it an offense punishable by of the P. 36 ) Schneider v.•Pcopic. 30 Colo. t` e
:Ind imprts inment for ant' person or 493.71 P. ifi91191131. : '.
olden Ca.,. And in a prosecution
i 1IXN4i tP ration to tun 1n 1 or a c 1 I any royalty, under this section of the �{✓✓
us or premmm as a condition precedent to miner or person in control of a ditch,for refus- r '�
aiwht to procure water. Not Colo. log to supply water to a person entitled to the
f alseR ' c tiro Co. v Richards. n2 s P. saute an information which charges the §C ono. 4:11.45
who lest' 't 11x'961, offense in the language of the statute is f"
tie in 't:'� the words of this section designating insufficient. Schneider V. People. 30 Colo.
the p
of pl'rJUt 3 Pr,nns, or class of persons, entitled to 493 71 1 . 369)1903) y
w`;4
'd accohS canal and ieeciec wear r contpre- It is also necessary that the pleading should � .n tae enough to include :dl persons designate the land for w hash the water was
shorusneser. v.Nether thev own or tie in demanded as being so situate that the duty of
CSA. ( cuion of land lying undo and susceptible the ditch to furnish water for its irrigation is
i 66. ving irrigated from the Jiwh. or hove ;any made to appear and that the company might
hr to the use of water carried by it or ascertain its location so as to deliver the (. a,
and 18,6-'%'s . ether the lands are so remote or so situate water. Schneider v. People. 30 Colo. 493. 71
• h reference to the ditch 'is rot to he sus- P. 3691191)3). I'
I 37-85-109. Penalty for collecting excessive rate. Every
be knit-
:,person owning or
' Itrol, ar, .onirolling, or claiming to own or control. any ditch, canal, or reservoir, who,
.tier a carfyrt demand in writing made upon him for the supply or delivery of water
p
+'rthin It for irrigation, mining. milling, or domestic purposes, to be delivered from
n, mini^{ :`e canal, ditch, or reservoir, owned, possessed, or controlled by him, and,
'iwnenhp :her tender of the lawful rate of compensation therefor in lawful money, w�
•t',on wh 3h:d1 demand. require, b air.win for, accept, receive, or retain from the party
or alto aking such application any money or other thing of value, or any promise
t. dire.r'i 't contract, or any valuable consideration whatever, as such royalty, bonus,
' m pray r premium prerequisite or condition precedent, as is prohibited by section
'tying sib' '7.H5-108, is guilty of a misdemeanor and- upon conviction thereof, shall he �
niched h
a papmc y a fine of not less than one hundred dollars nor more than five ;-:
,ers of etc -hiuuand dollars, or by imprisonment in the county jail for not less than three -,
-,onths nor more than one year, or by both such fine and imprisonment. $,
Source: L. 1887, p. 309, § 2: R. S. 08, § 3272; C. L. § 1748: CSA. C. i : f„
4i, § 146: CRS 53, § 147-8-8: C.R.S. 1963, § 148-8-8.
1 �x �x�
1Ia M § y 4 ' o `, {!' f rf tr o vet Ldp4 1 1 1 x t x ,a
.} Jyje' 3 i ltrlr rafto n w fy' 4.
YR ^ P- ^' 1�� r• N+3£ �yq,y1 331' a 4 j �ry '�A'a ," � !✓p� v�p4 y� ' y '', rq
+ „ ct rS,' ,?WS ;iN A j� r�u. 'a n ' ktil ✓ t L / f
t a'''''''''4+ a x." # r 1 „ f o 'IS.t
4 i e
11 n 3 aM ` nit e Y r a 0 i- a :'1 y y a'
1+ "Ik; d ..l,, 11'1 f` raj, t$4 lr: 'sin,1•14,..' >g�`t l,O „ nrtl r3.4a r* p f k•i).1y',, .`l is . v
* ;y `La ,r,
i $p '$'$, -.. .k"r: bYts ^y. G ar 3}Ailed: i xd"v r' y�•,k/..e1^a, fe'k pa 111at 'f l i t .1 1 O.1,3
Y it
'2.. .;;:.
`W Ix
37.85-110 Water ai,d Irrigation 544 545
� ) The carrier cannot charge a bonus for per. Co. v Pouppirl,22 Colo. App. 563, 127 P. 125
37-86-106. Shorn
r[igT. forming its duly. Northern Colo. Irrigation (1912)_ 37-86-107. Owner
ere
37-85-110. Penalty for refusal to deliver water. Every person owning or 37-86-lox. hem p.
# ` 86109. of
controlling, or claiming to own or control, any ditch, canal, or reservoir, such 37- - Cons31.
as is mentioned in section 37-85-108, who. after demand in writing made upon hen,
him for the supply or delivery of water for irrigation, mining. milling, or
f i'15:' domestic purposes, to be delivered from the canal, ditch, or reservoir, owned. 37-86-101. S.
possessed. or controlled by him, and after tender of the lawful rate of to 37-86-110 are
Aar compensation therefor in lawful money, refuses to furnish or carry and their provision\
vt" deliver from such ditch, canal, or reservoir any water so applied for, which their object.
water may he by use of reasonable diligence in that behalf, and within the Source: L.
f 4' carrying or storage capacity of such ditch, canal, or reservoir, he lawfully § 147-3-10; C.R.`
furnished and delivered, without infringement of prior rights, is guilty of a
,.*(4 misdemeanor and, upon conviction thereof, shall he punished by a fine of 37-86-102. Rt
x not less than one hundred dollars nor more than five thousand dollars. or right or comfit!,f by imprisonment in the county jail for not less than three months not more the lands whlcit
as 4`�
r than one year, or by both such fine and imprisonment. posed use for if
f Source: I. 1887, p. 309, § 3: R. S. 08, § 3273; C. L. § 1749: CSA, C. ance with said v
90. § 147; CRS 53. § 147-8-9; C.R.S. 1963, § 148-8-9. Source: L.
When m ditch company has water subject to Golden Canal Co. v- Plight, s Colo. '44.61'. R. S. 08, § 31644,
its control, bon., fide applicants are entitled to 142 111841 (case decided prior r to earliest 1963, § 145-3-1;
its use for Hi'i;tlion ur oses tender of sows. L. 1887, , 3119.
f p l upon I § 'i, Whittle; v
the lawful rate for carnage and compliance Northern Colo. Irrigating Co_ 111 Colo. 382. C..I.S.See 93 C3
"AA.. with the reasonahle rules of the carrier. 17 P 487. 3 And. St. R. 603 ItA87n City S Law resins. Poi
":' Combs s s Agricultural Ditch Co 17 Colo. County of Denver v. Brown, 56 Coto. '1t,. Recent Aelronc in 1
146. 28 I'. 966„t I Am. St. H. 275 1189''-l. See 138 P. 44 (19141. 47 Den. 1_3. 181 (19
II is established
37-85.111. Action when corporation refuses to deliver water. When any dheaa owner is perm
corporation. in defiance or by attempted evasion of the provisions of sections to construct an brig
37 85 It)1 and 37 85-108 to 37-85-11 L p after tender of the compensation. 'mineo and me lit
,5. .
"f. way is thereby :Willi'.! ' refuses to deliver wader, such as is mentioned in section 37-85-I 10. to any contemning. to
person lawfully entitled to apply therefor, it is the duty of the attorney gen- obsialed. Leonard s
eral. upon request of the hoard of county commissioners of the proper 2'6P'd (.56t19541
county. or upon his otherwise receiving due notice thereof, to institute and
rhis ',1.110T1 was ,
I lathe assembll. Si
4Ql`f prosecute to judgment and final determination proceedings in the nature of Colo. 551118721
the frail- And it liti'''.' quo warranto for the chic s of all suet] corporation offending,corporate
rights,mand;mandamus orother properinvoke thegi ower ofs a rt
p by P I n
proceedings to compel it to do its duty in that behalf. ale use. ((Eli' °. 11
964 11^154 See Rogl
Source: L. 1887. p. 310, § 4; R. S. 08. § 3274: C. L. § 1750: CSA. C. APp 338. 78 P. 61' ;
Because under this s
�a 90, § 148: CRS 53, § 147-8-10; C.R.S. 1963, § 148-8-10. owns farming land
t.
length of area rxpase.
sufficient fall of w'at'
Reservoirs and Waterways Ids land is too far mg
huild a ditch 'breed...
ARTICLE 86 wholly upon the sap
irk to that end take ,n,'.
1144"'°.
° Rights-of-Way and Ditches ing t , others for a ii
dicer amt carry wan
37-86-101. Se.ti its Iiherully construed. 37-86.104. Condemnation of right-of-woe irrigate his own land
3.-86-10-'. Right of-way through other lands. 37-86-105. No land hardened with more Ihlu.. Colo- 10(1, 83 P.964 t:
y vs. 37-86-1(13- [.steal of right-of-way, one ditch- Thus, a purely pet,
''O)::195:::
g �?
(2i �� war C � . « ,' ,x. ' r e ,�
L 1 t Rf I c', t r4f £ r
"pqy ,, g v. ell' ' y 6r ,d: ti A'S � i' `w 4I I ,
qy tl.cast Tyf Cgq,;A e 715 e 5t ,-,4,-N.,,141.-.T.; :,
,,tau Wti Fr k.'` , Q ,7,4;',''."4:-.. ,,-4..
t, j,,,}"' „t
>
,v.,:',,,A.A. a , P r..j.'47,,.,:::::,;
Y4^'_ 3aS t,„ ° Ac. `I t `c AP• ,. 'r `A ` ' 71r;,/ .C. Ve: a1 gs tRt..
s Y, f�' t '�,,, 4�'i 'Ck ,.,/,,,,,-,,_{', aLw iI Y, x? f ,-.t. t( ri k.fit,( " 4 I
R; a ;.. ':' ll! k4j. {1,.. "..`,"4.' ..:;:t4:.::"“7:
4:.::"7. ,, ✓ ,i r rk� .o X 0,, it'll.',/4, t`ty,ii14 4 ,(t I , 1.
i'^' rapw Yv
�". '0f„ .3.'204.C..44ilki. t° 3a .J4 r It.14.4..":54.9
sm, • ^'RYsef'4i •t4 1^lid"', t' Ir,Th l 3y Ic. '{
Hello