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SOUTHARD AND ASHLOCK
ATTORNEYS AT LAW
CHAS. E. SOUTHARD (1873- 1960) FIRST NATIONAL BANK BUILDING
WILLIAM H. SOUTHARD GREELEY. COLORADO TELEPHONE
LAWRENCE ASHLOCK 80631 (303) 353-1292
July 23, 1979 EC�\
Board of County Commissioners \�'
of Weld u
Weld County Centennial Center `'• Gfr����
9th Ave . at 10th St.
Greeley, Colorado 80631
Gentlemen:
The Greeley and Loveland Irrigation Company had an annual
directors tour of the system on July 20, 1979, and an incident
occurred which we call to your attention. Because of the implica-
tions that irrigation companies have , which involves public safety
as well as other problems , this all arises out of the recreational
use of streams and ditches , particularly of the tubing variety in
which young people will ride inner tubes on rivers and the ditches .
Among the facilities of the Greeley and Loveland Irrigation
Company to be inspected was the Barnes Ditch headgate located just
west of Loveland. We came upon the area and found four young boys
crouched down over the headgate structure , which was locked with a
chain, and as we approached to determine what they were doing, they
picked up inner tubes and ran to the Big Thompson river, jumped in
the river and floated downstream. We reached the headgate structure
and found they had a large pry bar in which they were trying to force
the chain open and apparently were going to do what had been done at
that gate two days earlier. At that time the gate diverting water
from the Big Thompson river in the Barnes Ditch was forced closed
which then ran the water down the river. The control devices down
further on the Big Thompson river had all been gauged and adjusted
for the river flow by the River Commissioner, so the ditches further
down all of a sudden received a bigger head of water then they were
scheduled to receive and, of course, some of the water wasted.
Although the boys escaped, we have determined that the purpose was to
close the ditch headgate so that the water would be deeper as it runs
over the diversion dam and would be more enjoyable for their tubing
operation.
The Ditch Company has also been concerned with the actual tubing
operations which have been conducted in the irrigation ditch. The
Ditch Companies are aware that they have an absolute liability for
the water which is in their canals , and where they have waste ways
and other structures which create sudden torrent and pressures of
the water, these are such as can tip over a rubber tube and are of
such a nature that with the weight of the water could result in drown-
ing some of the people using the ditches in this manner.
In this particular instance the Sheriff was called, but as it
790745
Board of County Commissioners
of Weld County -2- July 23, 1979
would take the Sheriff 15 to 20 minutes to arrive at the scene and
as the boys did get away, there was very little the Sheriff could
do . We would urge the County Commissioners to give every considera-
tion toward enacting an ordinance, rule or regulation limiting the
areas where tubing can be done to certain portions of the river, if
that activity is advisable at all, but certainly to the areas close
to the ditch headgates and the areas of the ditches themselves should
be strictly off limits to any "tubers ." Without some ordinance or
regulation it is difficult for the Sheriff and other law enforcement
officers , as well as ditch company personnel , to apprehend and correct
people from such activities .
We realize the tampering with the headgate is an offense and
is particularly under the Jurisdiction of the State Engineer, but
their ability as a law enforcement officer is somewhat curtailed, but
would be strengthened if we could have a clear-cut and forceful ban
on tubing anywhere near any of the irrigation ditches or in the ditches
themselves.
The Greeley and Loveland Irrigation Company would appreciate
your consideration of these matters since its system has considerable
activity in the County of Weld.
Yours very truly,
SOUTHARD AND,WLOq� /Ly��y�
By
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