28 
There seems here to be rather a flexible rule for estimating th< 
amount of water required per acre in granting the decree. Its con- 
struction is said to have been "difficult," probably due to the fact that 
an attempt was here made to get water up on to the mesa. Others oi 
later const ruction arc accounted "easy of construction' 1 under similar 
circumstances. 
THE HANDY DITCH. 
The head gate of this ditch (see frontispiece) is the highest on the 
river, and the ditch covers the highest Irrigated land on the south side. 
It is about 22 miles long, covering some 15,000 acres and actually irri- 
gating more than 12.500. Its capacity is about 250 cubic feet per sec- 
ond, and it is used Largely to till the numerous private reservoirs 
under it. A large part of the area irrigated lies on the Little Thomp- 
son slope, which is accounted the best land in the district; certain it is 
that the land under this and the Home Supply Ditch lies ideally for 
irrigating and is wonderfully productive, and. taken as a whole, will 
average $50 per acre in price. This ditch is unfortunate in the small- 
ness of its first decree and in its not possessing reservoirs to furnish 
late water. Both these defects are largely counterbalanced by the 
numerous private reservoirs under it. This ditch is especially famous 
on account of its lawsuits, and will be frequently referred to hereafter 
in that connection. As to its priorities, it has one of February 28, 
1878, for 31.2 cubic feet per second and one of December 15, 1880, of 
111.23 cubic feet per second. 
The findings of the referee are different in this case from those to 
w T hich attention has been called. The application states that there were 
10,000 acres under the canal February 28, 1878, and that the amount 
claimed was 520 cubic feet per second. The referee then says that the 
amount of water appropriated was 31.2 cubic feet per second. Of his 
own volition he states: "I find, further, that the ditch was enlarged." 
The owners never claimed an enlargement in their application. The 
facts were that the ditch was built the first year full size to a rock cut, 
and beyond the rock cut full size again; but in order to get water for 
the crops of that year the cut was not built full size, but was com- 
pleted two years later. The referee evidently considered the capacity 
of a ditch the capacit} x of its smallest part, and the court agreed with 
him. This was really the beginning and cause of the Handy Ditch's 
subsequent legal contests, though most of the cases involved in no 
way the decree to the Handy. The Handy Ditch Company has 
acquired by purchase the Big Thompson Irrigation Ditch, known as 
No. 5. with a priority of 78 cubic feet per second. As stated before, 
it is now allowed to draw 20 cubic feet per second of this water, and it 
lias had transferred to it <i cubic feet per second from No. 2, or the Big 
Thompson and Manufacturing Company's Ditch, so that it has 26 cubic 
