The Ordway new era., 1915-04-23
rd.r Allowing Appeal

mer Irrigating Ditch
Company for Change
of Point of Diversion
Of Certain Water
Rights
| Now on this 18th day of April A. d. 1915. being
one of the regular days of the April Term A D.
| 1915. of said District Court. comes The Bessemer
| Irrgatng Ditch Company. and presents to this
Court its statement and prayer for appeal where
| in said The Bessemer Irrigating Ditch Company
prays that it, as appellant plaintiff in error. be
allowed appeal to the Supreme Court OF
Colorado from the decree of this Court in the
above entitled cause. against The Oxford Farmers
Ditch Company. The Twin Lakes Reservoir and
Canal Company and A. R. Riel. as appellees or
defendants in error. to the end that the decree
herein may be reviewed by said Supreme Count
on appeal or error. examination of which
statement this Court doth find that said state
ment is in accordance with the statements
of claim filed by said appeees or defend
ants in provided by law. and that said
statement herein sets forth all matters and
things required by law to be set forth in state
ments and prayers for appeal in matters of this
character.
TITS THEREFORE CONSIDERED. ADJUDG-
ED AND DECREEDby the Court that said state
ment be- and it is hereby approved and that the
appeal prayed for by said The Bessemer lrrigatinR
Ditch Company appellant be. and it is hereby
allowed and that the name of the appellant or
plaintiff in error is The Bessemer lrrgating Ditch
| Company and that the names of the ap-
pellees defendants in error are The Oxford
| Farmers Ditch Company. The Twin Lakes Reser-
voir and Canal Company and A. X. Riel. and that
the names and descriptions of the bitches. canals
or reservoirs claimed by the parties appellant and
appellee shown by their several statements of
f.lln,
! to-wt:
| The name of the ditch claimed by said appellant
and plaintiff in error. is The Bessemer Ditch. the
headgate of which is situate in Water District No.
| IA of the State of Colorado. the South bank Of
the Arkansas River in the Northwest quarter Of
Section Thirty-three t33). Township Twenty 900
South. Range Sixty-six 1861 West of the Sixth
Principal MERIDIAN. in Pueblo County. Mt a point
whence the corner stone common to Sections
| Twenty-eight (20 and Twenty-nine t29). Thirty
| two (32) and Thirty-three (33) Of said Township
and Range. bears North "a degrees and 10 minutcn
West. two thousand four hundred and fifty C45o)
feet.
The name Of the ditch claimed by said appellee
and defendant In error The Oxford Farmers
Ditch Company. is The Oxford Farmers Ditch.
| the headgate of which is situate in Water Dist
rict No. IA of the State of Colorado. on the South
bank of the Arkansas River in Section Thirty-one
| ISL Township Twenty-one l2ll South. Of Range
Sixty [6Ol West. in Pueblo County. in the state of
Colorado.
The name of the ditch claimed by said appellee
and defendant in error The Twin Lakes Reservoir
and Canal Company. is The Colorado Canal.
sometimes called The Bob Creek Ditch. the head
gate of which is situate in Water District No. IA
of the State of Colorado. on the North bank of
| the Arkansas River in the Northeast quarter of
Section Ten llOl. Township Twenty-one t2l1
South. Range Sixty-two l62I West. in the County
of Pueblo. in the State of Colorado.
| The name OF the ditch claimed by said appellee
and defendant in error A. r. Riel. is The Jones
Ditch. the headgate of which is situate in Water
District No. l2 of the State of Colorado. the
South side of Howard Creek a tributary of the
Arkansas River. in the Northwest quarter of the
Southwest quarter of Section Four t4l Township
Forty-eght t4s1 North. Range Ten llOl East. in
the County of Fremont. in the State of Colorado.
said Jones Ditch being designated ns Ditch No
295 in the decree dated February g. 1894 of this
Court in the matter of the adjudication of water
rights in said Water District No. IL.
Said statement and prayer for appeal shows.
and the Court finds that said appeal hereby
allowed. is from the decree of this court in the
above entitled cause. denying and disnissing the
petition of said appellant and plaintiff in error
praying for a decree changing the point of diver
sion from the headgate of The Canon City and
Oil Creek Ditch To the headgate of said The
Bessemer Often. of the right to the use of three
and seventy four hundredths t3.7D cubic feet
of water per second of time from and out of Ark
ansas River priority No. 20 dated May 81. 1864 in
Water District No. IL Of the State of Colorado. |
and the further right to the use of five and thir
teen one hundredths (5.l9 cubic feet of water |
per second of time from and out of Arkansas
River priority No. "a. dated May 81. 1867 in said |
Water District No. H. both of said prorties No. |
20 and No. "a having been awarded and adjudi-
Gated on February 8. 1884 to The Canon City and |
Oil Creek Ditch Company by decree of this Court !
in the statutory adjudication of water rights in
said Water District No. IL. and that said The
Canon City and Oil Creek Ditch is owned by
said The Canon City and Oil Creek Ditch Com
pany. and that its headgate is situate on the
North bank of the Arkansas River in Section
Thirty-two (32). Township Eighteen tlsl South.
of Range Seventy t70l West Of the Sixth Princi-
pal Meridian. in Fremont County. Colorado. at a
point which is North 81 degrees and IS minutes
East twelve hundred and ffty-six Il25sl feet from
the Southwest corner of said Section Thirty-two
1921.
1t is further ordered considered and adjudged
that the amount Of the appeal bond
herein be and it is hereby fixed at
Five Hundred Dollars G$5OOl. which appeal
As provided by law. within thirty days hereafter.
and that ninety two 1921 days be allowed within h
which to tender bill of exceptions herein. Il
BY THE COURT:
Chas. A. Wilkins tSEAL)
Judge.
hereby certify the foregoing be a true and |
correct copy of the order entered in the above
entitled matter the 18th day of April AID. 1915.
by the District Court of the Eleventh Judicial
District of the State of Colorado sitting within
and for the County of Fremont u