The newspaper., 1905-12-01

CoUNTY OF DELTA
IN THE DISTRICT COURT
In the matter OF the Adjudication of Priorities
of Right to the of Water for Irrigation
purpo-es in Water District Number Fer,y, of
The state Of Colorado.
Peter Vogcl, ". p. Conner, The FN-
celsior Fruit Company, corporation.
The Paonia Fruit Company. n corpora
ton. Thomas = ] pgtheid and N; wh \
Hanson and Randolph williamson,
Josephine norrauce. o X. porrnnce.
T. Hawkins, a. Patterson, and
A. II Nutting. petitioners Tor the
right to change the point of diversion
Wade de it Ditch ' to The turner ditch, and ORDER.
Theodore Rpcbcr, petitioner To-
whters from the clark a Wade Ditch
to the Beaver Dam Ditch, all in said
''''''' ''''' Appellants.
The Minnesota Canal 4 Reservoir Co,
n corporation, Fred Brown, I. o.
''''''' '''''' Appcllees.
Peter VogcI. NJ z. Conner, The Excelsior Fruit
Company, "a corporation, Thomas 7 Duitield ana
NJ X kennedy, Edwin johns. u. Williamson
and Randolph Williamson, Josephine Dorrance,
q. X porrnuce. c. G. hawkins, a NJ Patterson,
and A II Nuttiug, aud the Paonia Fruit Com
pany, IL corporation, owners of priorities num-
bcrs one, two, seven and eight heretofore de-
creed to the CLARK a Wade ditch from Minnesota
Creek: and its First aud second Endorsements,
all in said Water District Forty OF the state OF
Colorado, and all petitioners for decree per,
m1ttinE tntm 10 thhllE' til' F'ih' Va -
tho quantities of said priorities owned by them
10 the Turner Ditch on said Minnesota Greek in
said County and Water District, from shid Iihrk
a Wade Ditch, and Theodore Rocber owner OF
35 inches, statutory measurements, OF the waters
of prioritics one, two, and seven heretofore ue-
creed TO the CLARK Il Wade ditch from Minnesota
Creek and Its First Enlargement, all In said
Water district Forty, and petitioner for decree
permitting him To change the point oi diversion
Of the said amount of said prioritics owned by
him 10 the Beaver Dam Ditch, on the Lake FORK
Branch of said Minnesota Greek, IN said Water
District, from said Clark Il Wade ditch, ana all
having presented and flcd their joint STATE
NENT' ON APPEAL, in writing, duly verified by
affidavit, properly entitled In the above entitled
the facts required by law to be stated, and pray
Ing mn appeal 10 the supreme Court OF the state
OF Colorado, from the decree entered horeln on
the 2pth day of september, \. D., 100, be allow
ed To them as appellants, against The Minnesota
Caual 4 Reservoir Company, owner OF ihc
Minncsota Canal, the Minnesota Canal " keser-
yoir Co r. q. Hester and Fred g. Brown, owners
OF the swcczy Il Turner ditch, nnd aaron
Clough owner of the Clough Ditch, al situate
In said Water District Forty, ns nppcliees, nnd
the court on examination having iound such
abatement to be In accordance with tine pcuuons
and statements of claim of each OF the appel
innts and with the statements OF the consonunt-
ed petition of the appellants ana peutiohsrs;
and with the plcndngs filed herein by ehch ana All
OF appellants and appcllces, ana the court nay.
ing further found that said appellants are
Affected In common ms well ns scvcrally adverse,
Iy to their contentious, plendings, statements OF
claim of petitions, by said decree sought 10 DC
appealed from. .. ,, watt
And IL further appearing that the said pcti.
tioncrr have filed their petition for re,nrgument
and review upon the evidence heretofore ukcn