Cañon City record., 1910-02-24

The City of Canon City to Change
Point of Diversion of Certain
Water Taken From the Arkansas
River in Fremont County, Colo
RADIO.
Order:
Now on this 1st day of February, A.
D. 1910, comes said The City of Canon
City, petitioner, and files in said Court
Its petition, showing that said pc
titioner is the owner of water hereto
fore appropriated by it from the Ar
kansas River for domestic purposes at
a point whence the Southwest Corner
of Section Thirty-two (32), in Town
ship Eighteen GS) South of Range
Seventy (70) West of the Sixth Prin-
cipal Meridian bears South Fiftyfour
Degrees and Thirty Minutes Ca deg.
30 min.) West and is distant Eleven
Hundred and Forty-five (1145) feet,
the amount of which water is hereaf-
ter to be fixed by decree of this Hon
orable Court not exceeding three and
five-tenths (35) cubic feet of water
per second of time, and is also the
owner of nineteen and eighty-eight
hundred and fifty-seven ten thou
sandths (19.SS57) cubic feet of wat
er per second of time, out of ninety
six (96) cubic feet of water per sec
ond of time appropriated and used by
and through The Canon City Hy-
draullc & Irrigating Ditch Numbered
Seventeen 17) in the decree of this
Court in the matter of water rights
in Water District Number Twelve
Q2) from said Arkansas River at
point described in said decree as be-
ing South Eighty Degrees and Thirty
Minutes $50 deg. 80 MINI East and
distant six hundred and forty-eight
(64S) feet from the Southwest corner
of Section Thirty-one (31) in Town
ship Eighteen (1S) South of Range
Seventy (70) West of the Sixth Prin
cipal Meridian.
And it appearing further from said
petition that said petitioner desires to
change the point of diversion of all of
said water so diverted for domestic
purposes, as aforesaid, (the amount of
said water to be hereafter fixed by
decree of this Honorable Court, as
aforesaid), and also the point of di-
version of Nineteen C19) cubic feet OF
said water heretofore diverted
through said The Canon City Hydrau
lie & Irrigating Ditch, as aforesaid, to
a point little over seven miles up
said Arkansas River from said pres
ent points of diversion in the County
of Fremont and State of Colorado, and
on the South side of said Arkansas
River, from which said proposed new
point of diversion the Northwest
Corner of Section Twenty (20), in
Township Eighteen 1S) South of
Range Seventy-one CID West of the
Sixth Principal Meridian bears North
Eighty-three Degrees and Eleven
Minutes (S3 deg. II MINI West, and
is distant Seventeen Hundred and
Eighty-four and six-tenths 17S4.6)
feet; and that in and by said petition,
said petitioner prays that such point
and points of diversion of said water
be so changed;
And it further appearing from said
petition that said water is hereafter
to be used for domestic purposes, and
for irrigation in and near the said
City of Canon City, as shall be requlr-
ed and desired by said petitioner and
its inhabitants; and it being alleged
in said petition that no injury will be
done to the vested rights of any other
person or persons. corporation or cor
porations. by such change of the point
and points of diversion of said water;
NOW THEREFORE,, in accordance
with law, IL is ordered, and adjudged
by the undersigned, Judge of said
District Court, that the Fourteenth
day OF March. A. d. 1910. which is a
day in the regular November Term, A.
d. 1909, OF said District Court, is here
by appointed as the day for hearing,
ard for taking evidence in regard to
the matters and things set forth in
said petition. in open court, at the
Court House in Canon City. in said
County of Fremont. and State of Col
orado; and It is further ordered and
adiudged that notice of the tendency
of said petition and of said date and
place of hearing, be given by the Clerk
Of this Court in the manner provided
by law. and particularly that such no
tice be published in one public news
paper in each of the Counties OF Ere
mont. Custer. Teller and Pueblo, in
the State of Colorado, (which are all
of the Counties in Water District
Number Twelve I'm said State Of Col
oradol. once I'm each week until four
successive weekly publications of said
notice shall have been made
And 81 is further ordered and ad-
judged that such notice given. as
aforesaid. shall consist OF "a copy OF
this order 10 which shall he append
ed a further notice To au persons, as
sociatons and corporations interested
as owners I'm any ditch canal or res
ervolr i'm Water District Number
Twelve. aud to an parties Interested
in regard % the change OF point Of
diversion OF water prayed for In said
petition. that the matter of granting
said change will be considered and
heard by said court at the time and
place specified in this order.
Dated Canon City, Colorado. Febru-
AIRY First A. D. 1910.
LEE CHAMPION.
Judge
State OF Colorado. ss.
County of Fremont. 3D.