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Show Record the one or more occasions when my horse went up to his belly and I do not know where the mud or sand began. I know there was mud because I could see it all over his legs after the animal 2707 came out on the land. I arrived at my conclusion that where the horse went up to its belly there was six inches of water and the balance was mud after the horse got out on the bank and I saw mud on his body. I arrived at that conclusion before the horse reached the bank. 2710 On my 1926 trip from Moab to Lockhart I noticed that there was no change between my up and down trip in the channel of the river at the mouth of Mill Creek; there might be a number of other places where the channel had not shifted, but that is the 2711 only place " I paid any particular attention to". On the return trip upstream we avoided the current and kept in the quiet water, keeping as close to shore as we could in order to take advantage of the slow moving water. Going downstream we generally kept in the deep part of the stream where the current was and as far as 2712 we could avoided that course on our upstream journey. In response to a question propounded by the Special Master as to why, in view of his adopting a different course upstream than downstream, he testified to shifting channels, Mr. Kirkpatrick answered: " I am testifying from my recollection, I don't know definitely." We found the water in better condition on a certaij side than we did on the other when we went down possibly; I recall one place in going down the river above No. 2 Well we grounded on a sand bar and 2713 coming upstream we avoided that place. " I think we changed our course because we thought the river had changed its course." At the place where we touched a bar on one side of the river coming downstream and avoided that place going upstream, I based my con-clusion that the channel had changed upon the condition of the surface water; I do not know what the fact is and made no soundings and in coming upstream did not come over to the place that 2714 we had passed over on the downstream trip. We avoided that place |