The newspaper., 1905-11-24
Order Allowing Appeal.
STATE OF COLORADO ,

STATE OF COLORADO -
COUNTY OF DELTA.
IN 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 vosel, NJ. p. Conner. The ES-
sslsior frni, Company, = eorpornaon'
ton. Thomas 7. Duiheld and NJ X.
Kennedy, Edwin Johns, J. u. VIII
Hanson and Randolph Williamson,
C. C Hawkins, A. II Patterson, and
A. II. Nuttng, petitioners for the
right to change the point OF diversion
Wade Ditch to the Turner ditch, and SoRDER.
Theodore Roebet, peutoner TO
waters from the clark Il Made pitch
To the Beaver Dam Ditch, all In said
Appellants.
The Minnesota Canal a Reservoir Co,
u corporation, Fred Brown, l. O.
Hester, and Aaron Clough.
Peter Norel, NJ z Conner The Excelsior Fruit
Company. q corporation, Thomas I. buthcld and
NJ X Kennedy, Edwin Johns, ]. ID. Williamson
O. k n"Trancc, G. C. Hnwkins, \. n. Patterson,
and A. n Nutting, aud the Pnonin Fruit Com
pany, corporation, owners OF priorucs mum
bcrs one, two. seven and eight heretofore de
creed to the CLARK 4 Wade ditch from Minnesota
Creek; and it. first and second Enl9reements;
all in said Water District Forty of the state Of
Colorado. and all petitioners for decree per
mitting them to change the point of diversion Of
the quantities of said priorities owned by them
To the Turner Ditch ON said Minnctota Greek in
said County ana Water District. from said Clnrk
a Mnde Ditch and Theodore Rocbcr, owner of
81 inches, statutory measurements, of the waters
of prioritics one, two, and seven heretofore de
creed to the Clark a Wade ditch from Minnesota
Greek, aud its First Enlargement, all In said
Water district Forty, and petitioner for decree
permitting him To change the point of diversion
of the said amount OF said prioritics owned by
him To the Beaver Dam Ditch, ON the Lake Fork
Branch OF said Minnesota Greek, ~ said Water
District. from said Clark ~ Wade ditch, and all
having presented and filed their JOINT STATE
NENT ON APPEAL, In writing, duly verified by
affidavit, properly entitled in the above entitled
court, aud In the above entitled cause, stating
the facts required by law to be stated, and pray
OF Colorado, from the decree entered herein on
the 10Th day OF september, A. d, 1903, be allow
ed to them ns appellants against The Minnesota
Canal * Reservoir Company, owner OF The
Minnesota Cannl, the Minnesota Canal Il Reser-
yoir Co, 4. O. Hester and Fred G.. Brown, owners
of the SwccZy Il Turner ditch, aud Aaron
Clough, owner of the Clough Ditch, all situate
the court examination having found such
statement to be in accordance with the petitions
and statements of claim of each OF the appel
lants, aud with the statements of the cunsolidat-
cd petition of the appellants and petitioners,
and with the pcadings filed herein by each and all
Of appellants and nppollecs and the court hav-
ing further found that said appellants are
ly to their contentious, pleadings, statements OF
claim OF petitions, by snid decree sought to be
appealed from. =,
And II further appearing that the said pcti,
u0ners have filed their petition for re-nrgument
and review upon the evidence heretofore taken