Greeley Daily Tribune from Greeley, Colorado on March 11, 1976 · Page 32
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Greeley Daily Tribune from Greeley, Colorado · Page 32

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Greeley, Colorado
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Thursday, March 11, 1976
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Page 32
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CREELEY C*.) TRIBUNE Than., March 11,1171 Court here rules State engineer can't be party in adjudications By FRANK COLOHAN Tribune Stiff Writw Colorado's State Engineer has no statutory authority to apear as a party adversary in water adjudication cases, District Judge Donald A. Carpenter ruled in an order signed Monday. As a result, Judge Carpenter, water judge for Water Division No. 1, granted a motion for dismissal of a protest filed by C.J. Kuiper, state engineer, and W. G. Wilkinson, division engineer, to a water referee's ruling. Dismissal of the protest had been asked by attorneys George Vranesh and Stephen T. Williamson, representing the applicants in a water rights adjudication case involving a well in Boulder county. Attorney David J. Miller of Greeley, as counsel for the St. Vrain-Left Hand Conservancy District, an objector in the case, also had filed a motion for dismissal of the state engineer's protest. Both Vranesh, of the law firm of Vranesh i Mustek at Boulder, and Miller had contended in briefs filed with the court in support of their motions that the state engineer's authority is limited to administrative and executive functions. In his order, Judge Carpenter found (he state engineer is the officer designated by the laws of Colorado to administer decrees adjudicated by the courts of the state. Further, the order said, the state engineer is required by statute to act as investigator for the court concerning all applications for underground water decrees, and as an advisor to the court in relation to such matters. "The court, after very careful review of all of the law pertaining to the state engineer's duties in matters relating to adjudication of underground water rights in particular, and water rights generally, finds that the state engineer has no standing in the court as party adversary in the adjudication of water rights, and to undertake to seek such a standing would be in conflict with the other statutory duties heretofore set forth." Judge Carpenter's order appeared to support contentions of Vranesh in his brief. These included that the Colorado General Assembly has not specifically delegated the power to the state engineer to file protests in water cases. Vranesh argued additionally that it would be unconstitutional for the state engineer to appear in a case as an adversary party when he has a specific statutory mandate to appear in these matters as an advisor to the court. Kuiper reportedly has filed protests as an adversary party in water cases in a number of instances since being appointed slate engineer. Potato drippers, growers discuss industry future, problems A bright future lies ahead for the chipping industry, as long as a quality product can be delivered, a spokesman told potato growers and chipping industry officials recently during a western regional conference in Denver. Wendell Maxfleld of the Utah- based Clover Club Foods said the real potato chip, a product made with whole potato slices, is an American institution. "As long as the chip industry can deliver a quality product at a reasonable price, the industry has nothing to fear," Maxfield told the growers and chippers. He said that a recent marketing report released by policies and with hard work," tolerance scoring. He said more minimum acreage or hun- Since the potato is more than University researchers Dr. growing and storage as part of h J r f i h i k · Instltute Maxfield said ' blemish would be allowed under dredweight to be delivered and 90 per cent water, Plissey said, Monte Harrison and Dr. Clark the effort. snowed that the industry suf- The conference was attended the proposal, if they could be delivery schedules which are it can loose much of its weight if Livingston said much of the -The purchase of potatoes tered a major decline in sales by chipping industry officials removed during the peeling important to growers and it is stored under warm con- trouble in recent years involved for chipping, which is different during the inflationary period and growers from the West and process. chippers. ditions with a relatively dry air of the past several years. Midwest. Reports indicated -A model chipping contract -Storage considerations stream passing through it: He But the report also showed good representation from the "to make both parlies to the "which are the most important said 90 per cent humidity in that the industry has stabilized northeastern area of Colorado agreement aware of what and least understood" aspects storage maintained at 50 now and consumption of real at the institute. should be included. The idea is of the industry. Red River degrees provided good com- chips is increasing steadily. i n other areas, growers and not to produce one contract Valley extension potato promise conditions and would Maxfield said he doubted chippers discussed m u t u a l which everyone must use in the specialist Ed Plissey said that yield a potato which would fry conducted whether the industry would problems, including: industry," Ed Weaver of the the air movement through the light. ever regahuhe profit margins -A proposed change in the Lincoln, Neb.-based Weaver potato pile, in relation to -The control of disease and M the late 50s or early-'60s, grading standards relating to Potato Chip Co. said. relative humidity and tem- blackleg, which has become however. chipping potatoes. Gill Hand of He indicated that the model perature, must be important more critical in boosting field clean." They also predicted because of slight temperature contract should spell out considerations in storage. yields. Colorado State new cultural practices in changes. He said there would finding disease-free fields from other commodity sales, where control experiments according to Art Goldstein of could be conducted. Frito Lay. Inc. "By nature, the beast is very tempermental. It's not like buying number two corn or pinto beans," Goldstein said. He said potatoes can get out of condition (refuse to fry or fry The researchers predicted a new era of disease-free potato growing because of tests Colorado's western slopes, "but only as long as the growers cooperate in keeping disease-free seed very dark) while in transit or "But profits can be main- the U.S. Department of tamed to insure sound financial Agriculture said the major stability within the industry change in the standards would under careful management concern the surface blemish LYNN HEINZE, Editor have to be continued cooperation between growers and chippers and closer cooperation with the transportation industry in order to insure proper handling and maximum profits for all involved. Opponents charge Narrows under-funded FOKT MORGAN, Colo. (AP) -- Opponents of construction of the Narrows Dam project near here charged Wednesday that the project, is $20 million over the amount Congress approved and should go back to Congress to be approved again. A group of landowners claims the costs will be even higher because the Bureau of Reclamation, the federal agency re- sponsible for construction of the dam, has miscalculated the costs. Colorado Environmental Legal Services, which made the cost figure charges, said that the project should go back to Congress for new approval of the costs or spending should be reduced to stay within the limit. Despite the higher costs, a GROWERS EXCHANGE IDEAS -Northern Colorado potato growers Bud Bliss of Greeley, center, and LeRoy Miller of Wiggins, right, recently had a chance to exchange ideas with Red River Valley grower Gene Schaefer during a western regional chipping institute held in Denver. Chippers and growers met lo discuss mutual problems and assess the industry. (Potato Administrative Committee photo) Hunter to head Raincat systems development Shipping fever studies to continue under grant Dr John R. Collier, professor of microbiology at Colorado State University, has received a (5,000 grant from the Colorado Cattlemen's Association, the Colorado Cattle Feeders and associated groups to study shipping fever pneumonia. According to Collier, shipping fever refers to the stress calves undergo because of weaning, changes in feed, and shipment from one area to another. He noted, however, that the disease can develop on the ranch as well. The term caught on, he explained, during the 1920s when the cattle market became glutted and cattle had to be transported by train to eastern markets. Symptoms of the disease, Collier said, are coughing, depression and fever. Vaccines were made then, he said, to avoid shipping fever, but none was effective. From the late 1940s until the present, the best medication for the fever has been penicillin, Collier said, but he added that (he drug has to be administered in the early stages of the disease to be effective. "If the disease is too far advanced, no antibiotic can help," he said. CSU scientists have been attempting to induce shipping fever experimentally since the 195AS by subjecting calves to various stress factors. Collier explained. "My definition of stress," he said, "is any combination of factors harmful in excess." O n e s t r e s s - p r o d u c i n g situation that seems to duplicate shipping fever, he said, is exposing calves to a chill factor, then subjecting them to the ParainfIuenza-3 virus and a pasteurella bacteria. Sickness can be detected in two or (hire days following exposure to the pasteurella bacteria, and animals may die in four or five days after that, Collier pointed out. When scientists compared lung damage of experimental calves to (hat seen in field cases, he said, they found little or no difference. Collier said he believes that the next step is to develop a more reliable experimental model. Thus far, he said, the stress-producing model has been about 35 per cent accurate. "It's an expensive Ihing, so we have to work with small numbers of calves," he added. Collier said his aim is to collect data that will cut down on the nearly $97 million worth of death losses and medical costs incurred each year by shipping fever. "Research is a slow process," he said, "but I'm pleased with our developments, and I'm very grateful for the grant." Collier has been on the microbiology faculty of CSU's College of Veterinary Medicine and Biomedical Sciences since 1956. Dick Hunter H. Gordon Johnson, president of Raincat Irrigation Systems, Greeley, annouced today (he appointment of Dick Hunter as vice president and director of operations for the firm. In his new position, Hunter will devote most of his time to implementing new innovations on the Raincat. Prior to joining Raincat, he was director of engineering for the Toro Company at their Research and Development Center in San Diego, Calif. He was largely responsible for Raincat research and development there and will devote this first year to supervising the implementation of those developments at the Greeley plant. Prior lo work for Toro, Hunter was an engineer with Bell Telephone assigned lo the NASA Apollo moon landing project and to the "Safeguard" antiballislic missile project (ABM). He received his graduate degree in aerospace science and engineering from Columbia University, Walla Walla, Washington. Raincat manufactures and sells the Haincat center pivot irrigation system, a self- propelled method of circular irrigation. Raincat was acquired by (he Toro Company, Minneapolis-based producer of lawn, turf and irrigation equipment, last year. Hunter will be moving to Greeley this summer with his wife, Jan, and their two children. spokesman for the Bureau of Reclamation said there would be no immediate effect on plans for the Dam in Morgan County. The Committee on Government Operations report to the U.S. House of Representatives lists the total authorization for the project at $124.65 million which was appropriated by Congress. The report lists total federal obligation now at $144.36 million. GturgeSlapleUm.infurmalion officer for the bureau's Lower Missouri regional office in Denver, said the congressional report showed a higher cost because of a different method of "cost indexing" used by the report and the one used by the bureau. Cost indexing, he said, involves including inflation factors and cost increases since congressional authorization. He said the bureau's cost indexing puts the cost at $139 million, several hundred thousand below the authorization including cost indexing. The landowners group opposing the project say the costs will be even higher because the bureau has miscalculated costs on railroad and highway relocations and the amount of irrigated land to be taken out of production by the project. JOHNSTOWN FEED SEED Phone: 587-4681 Place your order early for Small Grains and Pinto Beans Ask about Fielder Wheat! We have an approved Certified Seed Plant Let us do your Custom Cleaning Milk production up from a year ago WASHINGTON (UPI)-Milk The department's Crop Re- weather and an extra day in production in February reached porting Board said the number February this year, per-cow 9.2 billion pounds, down season- of cows producing milk last production for the month rose ally from January but a sharp month was down 1.1 per cent 51 pounds above a year earlier. 5.3 per cent above a year from a year earlier. Bul this Heavier production has earlier, (he Agriculture Depart- was more than offset by the menl says. fact that with the help of mild TWINE SPECIAL Heavy Duty Truckers Twine For the month of March only MACHINE STORAGE SHOPS LIVESTOCK HOUSING Design -- Construction SEE FARM BUILDINGS CO. SERVING THE AGRICULTURE INDUSTRY 724 EIGHTH STREET OREELEY. COLORADO BUSINESS PHONE 352-7409 pushed farmers' milk prices down from the record reached last fall, and (he new report indicated the (rend continued in February. Officials said average prices farmers received from milk plants declined 20 cenls per hundred pounds from January while the average value of feed for dairy cattle rose 5 cents per hundredweight. Economists noted, however, that (he price skid at the farm level will be cut short April 1 when new, higher federal support prices announced recently by the Agriculture Department go into effect. 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