The Lamar register., 1895-10-05

STATE oF coLoRApo, In the District Court
ss. Of the srd Judicial
Cocsrf or BESr. } District.
In the natter OF the adju-
cation Of priorities Of
farirris,ationi in Distriet ALLOWING APPEAL.
THis case coming on 10 be heard upon the
statpmcnt on appeal filed herein and petit
tiOn Of the Lamar Canal Company and elaimant
and representative of tho Lamar Canal filed
herein. and u being shown by said petitioner
that tho said petitioner Is one OF the parties of
the above entitled proceedings In which final do
cree has been entered the 1st day Of July. isa
and IL being further shown by said petitioner
that the interest of said petitioner in said canal
or ditch Is adversely attccted BY said decree and
the bitches and canals and the claimants there
Of which By aid decree derived. as it Is said.
the use OF water from the Arkansas river as
against the said Lamar Canal. and which said
ditehes and canals by said sdjudication affect
I in common adversely tho interest ot said petit
the Hyde Ditch. tho Bed Rock Ditch, the X. Y.
lrrieating Ditch. the Aanyel Ditch, the NJ. X.
MeCanleY lrrisetion Ditch. the Graham Ditch
and the ditch of J. A. Pierce.
! And Il further appearing upon inspection and
examination Of the tiles IN this cause, that the
ants thereof Is mentioned in said petition and
! are in accordance with the original statement
herein: and il sppearins that petitioner At the
| time OF the entry Of said decree, as Aforesaid,
duly cxsepted TO the report OF the referee and
findings and decree Of this court. both to the
amount Of water decreed to its canal and the
date nxed By said decree upon which its appro-
pria;ions are said 70 have taken elect; and Il
\ Appearing that at the time OF tho entering of
| said decree. to-uit; The irt day Of July. 1885,
| the petitioner, the Lamar Canal Co. prayed an
/ appeal TO the Court os Appeals from said decree
- catered aforesaid. and gave notice thereof
IN opca court and time and % days were given
to said petttsoner to present his petition and
/ perfect his appeal herein:
| NOW THEREFORE,, IL IL ordered that the
said petition OF the Lamar Canal Co. be ap-
/ proved nnd that the prayer OF said petitioner be
I and the sans ir hereby granted and the appeal
herein a prayed be allowed 20 the Lamar Canal
/ Co, a. appellant, and against the companies and
/ individuals above named as appellccs.
And il Is further ordered that an appeal bond
b. tiled horen BY said petitioner conditioned foI
/ the payment OF all costs which may be orderesi
Court q Appeals of the State OF Colorado. which
/ bond shall BE- in tho sum of one Thousand dol
lars and subject To the approval Of this court OF
/ be the Judge thereof in vacation.
county Of Las Animas, Colorado, this 9th day
JESSE @. SoRTHcUrT.
| District Judge.
STATE or CoLoRApo.
| COUNTY OF BENr.
| /. Frank Kruybill Clerk of the District Court
| Of tho Third Judicial District of tho State oi
/ Colorado, within and for the said county oi
| true and correct copy Of the order allowing the
/ appeal OF The Lamar Canal Company. In the
/ matter Of the adjudication of priorites of right
70 the nse Of water for irrigation in District 70
| said Court at chambers In Trinidad, Las Ami
mss county, Colorado. on the nth day of Sep
tember. A. D. 1895. as the same is Of record IL
/ In testimony whereof have hereunto set mi
hand and affixed the seal of said court. at mi
office In tho town of Las Anirnas, county of Bent
State of Colorado, this ist day Of October a. ID
| SEAL Clerk of District Court.