36 



ditches according to this rule. The second adjudication took place 

 in 1896. Three ditches were awarded amounts equaling their 

 claimed capacities. The last three decrees in district 64 were ren- 

 dered in 1897, 1898, and 1903. Several ditch owners whose rights 

 w^ere not included in any of these decrees have petitioned for a hear- 

 ing and a determination of their rights. In these adjudications 

 each ditch was awarded 1 cubic foot per second for every 50 acres 

 found to be irrigated by it, with no additional allowance for seepage 

 or evaporation. This district, being the lowest on the river in Colo- 

 rado, can receive w^ater from all the districts above, and so far has 

 not been required to turn water down to ditches in Nebraska. 

 The following table shows the rights decreed in this district : 



Rifflits to initcr in district G). 



Year. 



1872. 

 1873. 

 1874. 

 1875. 

 1880. 

 1882. 

 1883. 

 1884. 

 1886. 



Rights in district 64. 



Rights ac- 

 quired. 



Cubic feet 



per second. 



90.00 



253. 00 



2.00 



37.50 



87.50 



189.90 



150.00 



60.00 



62.50 



Sum to 

 date. 



Cubic feet 

 per second. 

 90.00 

 343.00 

 345.00 

 ;*2. 50 

 470. (K) 

 659. iK) 

 809.90 

 869.90 

 932.40 



Year. 



1890. 



1892. 



1893. 



1894. 



1895 , 



1896. 



1897 



1898, 



Rights in district 64. 



Righ* sac- 

 quired. 



Cubic feet 



per second. 



3.00 



25.00 



85.00 



42.00 



490. (10 



50. 00 



50.00 



60.00 



Sum to 

 date. 



Cubic feet 



per second. 



9a5. 40 



%0.40 



1,045.40 



1,087.40 



1,. 577. 40 



1,627.40 



1,677.40 



1,737.40 



There are in this district several large ditches recently built which 

 have no decreed rights, but proceedings for defining their rights 

 were begun in 1901. It is reported that plans for the construction of 

 at least one large reservoir have been completed. 



NEBRASKA. 



The South Platte Eiver in Nebraska is in Division 1-A. The 

 rights along this section of the stream have not been finally decided 

 by the State board of irrigation or by the courts. An adjudication 

 was held at which rights to irrigate 5,200 acres, dated 1891, were con- 

 ditionally granted, and rights to irrigate 2,040 acres, dated 1895, were 

 also conditionally granted. The supreme court has recently held 

 that the board of control had no power to place conditions on rights 

 initiated prior to the enactment of the law of 1895. Under this 

 decision these rights, as determined by the board, are vested, and 

 can be lost only by abandonment, which requires ten years' nonuse.'^ 

 On the basis of the maximum volume of water allowed in Nebraska — 

 1 cubic foot per second for .70 acres— this gives rights to 82.86 cubic 

 feet per second, dated 1894, and 29.14 cubic feet per second, dated 



o Farmers' Irrig. Dist. r. Frank, 100 N. W., 2S0. 



