The newspaper., 1905-12-15

HIAlE or COLORADO !
COUNTY OF DELTA.
IL THE DISTRICT COURT.
In the matter Of the Adjudication of Priorities
of Right TO the use of Water for Irrigation
purposes in Water District Number Forty, of
The state of Colorado.
Peter Nogel, ". r. Conner. The EN-
celsior Fruit Company, p corporation,
The PaouiR Fruit Company "a corpora
ton, Thomas 7. Dufiield and NJ. X.
Kennedy, Edwin Johns, J. u. vii
hanson and Randolph Williamson,
Josephine DorrAnce, o X. Dorrance,
c. &. Hawkins, A Patterson, and
A. II. Nutting, petitioners for the
wade Ditch to the Turner ditch, and yoRDER
Theodore Roeber, petitioner TO
change the point of diversion of
waters from the Clark 4 Wade Ditch
to the Beaver Dam Ditch, all in said
Appellants
The Minnesota Canal & Reservoir Co,
corporation, Fred Brown, I. o.
Appellees.
Peter vogel, NJ. p. Conner. The Excelsior Fruit
Company, corporation, Thomas I. Dnfiield and
NJ X Kennedy, Edwin Johns, J. d. Williamson
q. X. Dorrancc. c. c. Hawkins, A. NJ. Patterson,
and A. II Nutting, and the Paonia Fruit Com
pany, n corporation, owners of prioritics NUM-
bcrs one, two, seven and eight heretofore de
creed to the CLARK 4 Wade ditch from Minnesota
Greek; and its First and second Engagements,
all in said Water District Forty of the State of
Colorado. and all petitioners for decree per.
the quantities OF said prioriies owned by them
to the Turner Ditch on said Minnesota Creek in
said County and Water District, from said Clark
4 Wade Ditch. and Theodore Rocber, owner OF
30 inches, statutory measurements, of the waters
of prioriiies one two, and seven heretofore Dc
Creek, and its First Enlargement, all in said
wster district Forty, and petitioner for decree
permitting him to change the point of diversion
of the said amount OF said prioriues owned by
him to the Beaver Dam Ditch, on the Lake Fork
Branch of said Minnesota Greek, in said Water
District. from said Clark & Wade ditch, and all
having presented and filed their joint STATE
HENT on APPEAL in writing, duly verified by
affidavit, properly entitled in the above entitled
court, and In the above entitled cause. stating
ing appeal to the Supreme Court OF the state
OF Colorado, from the decree entered herein on
the 18th day OF september, A. D.. 1905, be allow
ed to them as appellants, against The Minnesota
Minnesota Canal, the Minnesota Canal & Rcser.
of the swcczy 4 Turner ditch, and Aaron
Clough, owner OF the Clough Ditch, all situate
the court on examination having found such
statement to be In accordance with the petitions
iants. and with the statements Of the consoiidst
ed petition of the appellants and petitioners,
and with the plcadngs filed herein by each and all
OF appellants and appellecs, and the court hav
Ing further found that said appellants are
affected in common as well as severally adverse.
claim of petitions, by said decree sought to be
appealed from
And 1t further appearing that the said pcti.
toners have filed their petition for re.argument
and review upon the evidence heretofore taken
and upon additional evidence, and that respon-
dents have been duly served with notice thereof,
and that the same came on to be heard before
the Judge Of said court mt his Chambers in tho
Town OF Montrose, County OF Montrose and
State Of Colorado and the Judge OF said court
having heard said petition for re-argument and
review and the argument OF counsel thereon
upon the 27th day Of October, A. d. 1905, and the
same was denied.
Now on motion Of Goudy & Twitchell, King &
Stewart, N. R, weioh and Millard Fairlamb,
attorneys for petitioners and appellants
IT Ii ORDKRKD, that the said statement be,
and tho same IL hereby approved and
allowed. to the supreme Court OF said State