The Glenwood post., 1904-07-09


County of Garfield. District Court
In the matter of the petition
of 7. w. Thomas and G. H.
Belding for an adjudication
of priority rights to the use No.
of water for irrigation 1854.
through the Eby Sullivan Order
Ditch and the Extension
Ditch, being part thereof,
in water district No. 3S.
Now, on this 25th day of June, A.
D. 1904. the above entitled matter
coming on for a consideration before
the judge of said court at chambers in
Garfield County, Colorado, during
vacation of the court, and it appear
ing to the judge of said court that
the substituted petitioner or plaintiff
herein, The Glenwood Hot Springs
Company, has heretofore and since the
rendition of the final order and judg
ment of the court herein entered in
said proceedings on March 25th 1904
made and filed herein its verified
statement in writing seeking an ap
peal from said final order and judg.
ment, which is in all respects regular
and in accordance with the statute in
such cases.
. Now on application of said com
pany, its said verified statement in
writing is approved as contemplated
by statute, and it is hereby ordered
that the said petitioner, The Glen
wood Hot Springs Company, be and
hereby is allowed an appeal from
said final order and Judgment made
and entered herein on March 25th, A
d. 1904 denying among other things,
the application of said company for a
reinstatement of said cause on the
docket of said court and disnn ssing
said proceedings so far as the same
contested the vested rights of Eta 7.
Taylor to the Rowden Ditch and
Water Right, to the Supreme Court
of the State of Colorado
1t is further ordered that in the
matter of said appeal the said, The
Glenwood Hot Springs Company shall
be the appellant and Eta T. Taylor
shall be the appellee, and it is further
ordered that the bitches and water
rights to be affected by said appeal
and which are involved herein as
shown by the several statements of
claim on file in said court and which
were filed therein prior to the com
mencement of this action, are the
Eby Sullivan Ditch and the Exten
sion Ditch being part thereof and
water right connected Herewith, be.
longing to said company or appellant
and the Rowden Ditch No. S6 in the
DEGREES of this court and water prior
ity No 11S connected Herewith
claimed and owned by the said Eta
7. Taylor, the appellee herein, and
all of which said bitches and water
rights take their supply of water from
Three Mile creek aud all being sit.
uated in water district No. 3S in Gar
field County, Colorado.
1t is further ordered that the
amount of the appeal bond herein
shall be three hundred dollars, to be
approved by the Judge of this court
as provided by law.
Dated at Glenwood Springs, Gar
field County, Colorado, this 25th day
of June A. d 1904.
JOHN T. SHUMATE,
Judge.
State of Colorado,
County of Garfield IS
l, "a. NJ. Rudasill, clerk of the dis
trict court within and for said county
in the state aforesaid do hereby Ger
tify that the above and foregoing is a
true and accurate copy of an order
allowing an appeal in the above en-
titled matter daily entered in said
cause in said court on June 25th, A.
D. 1904. WITNESS my hand and
official seal at Glenwood Springs,
Colorado, this Goth day of June A.
d. 1904.
H. NJ. RUDASILL,
Clerk of the District Court.
By A. l.. Beardsley
July 2-23 Deputy.