The Ordway new era., 1915-04-30

ADJUDICATION OF wat !
er Rights In Wat
er District No. IL Of
the State Of Colorado
Order Allowing Appeal
Petition Of The Besse-
mer IrrigatinR 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
Irrigating Ditch Company. and presents to this
Court its statement and prayer for appeal. where
in said The Bessemer IrriRatng Ditch Company
prays that It. 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. appellees or
defendants In error. to the end that the decree
herein may be reviewed by said Supreme Couit
appeal error. examination Of which
statement this Court doth fnd that said state
ment 10 in accordance with the statements
Of claim filed by said appellees or defend
ants in error as provided by law. and that said
statement herein sets forth all matters and
ments and prayers for appeal in matters Of this
character.
IT'S THEREFORE, CONSIDERED. ADJUDG-
ED AND DECREED by the Court that said state
ment be- and It Is hereby approved. and that the
appeal prayed for by said The Bessemer lrriRatin9
Ditch Company appellant, be. and It Is hereby
allowed and that the name Of tho appellant or
plaintiff In error is Tho Bessemer Irrigating 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. r. 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
claim filed as provided by law. are as follows.
to-wit:
The name Of the ditch claimed by said appellant
and plaintiff in error. is The Bessemer Ditch. the
headRate of which Is situate in Water District No.
II Of the State of Colorado. the South bank Of
the Arkansas River In the Northwest quarter Of
Section Thirty-three (ss). TowRship Twenty (2o)
South. Range Sixty-six tes) West of the Sixth
Principal Meridian. in Pueblo County. at a point
whence the corner stone common to Sections
Twenty-eiRht (2s and Twenty nine (29. Thirty
two (32 and Thirty-three (33) Of said Township
and Range. bears North "a degrees and is minutes
West two thousand four hundred and fifty (2450)
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 10 situate in Water Dist
rict No. u Of the State Of Colorado on the South
bank Of the Arkansas River in Section Thirty-one
1911, Township Twenty-one [2il South. Of Range
Sixty t601 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. 10 The Colorado Canal
sometimes called The Bob Creek Ditch. the head
gate of which is situate In Water District No. u
Of the State Of Colorado. on the North bank Of
the Arkansas River in the Northeast quarter Of
Section Ten [l0l. Township Twenty-one (2l1
South. Range sixty-two l62l 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 IL The Jones
Ditch the headgate Of which Is situate In Water
District No. IL Of the State Of Colorado. on the
South side Of Howard Creek. a tributary Of the
Arkansas River. in the Northwest quarter Of the
Southwest quarter Of Section Four III. Township
Forty EIGHT [4sl North Range Ten t10I East. in
the County Of Fremont in the State of Colorado
| said Jones Ditch being designated As Ditch No.
2s6 in the decree dated February 8. 1894 Of this
Court in the matter Of the adjudication of water
rights In said Water District No H.
Said statement and prayer for appeal shows.
and the Court fnds that said appeal hereby
allowed. is from the decree Of this court in the
above entitled cause. denying and Diminishing the
petition of said appellant and plaintiff in error
praying for q decree changing the point Of diver
sion from the headRate Of The Canon City and
Oil Creek Ditch to the headxate Of said The
Bessemer Often. Of the right to the use Of three
and seventy four one hundredths t3.7D cubic fest
of water DER second of time from and out of Ark
ansas River priority No. 20 dated May 81. 1854 in
Water District No. IL OF the State Of Colorado.
and the further right to the Of Ave and thir-
teen one hundredths (5.l0 cubic feet OF water
per second Of time from and out Of Arkansas
River priority No. "a, dated May 81. 1857 in said
Water District No. IL. both Of said prorities No.
20 and No. "a having been awarded and adjudi-
Gated on February 9. 1894 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 headRate 10 situate on the
North bank Of the Arkansas River in Section
Thirty-two (32). Township Eighteen tlsl South
of Range Seventy f7O1 West Of the Sixth Princi-
pal Meridian. in Fremont County. Colorado. at
point which 10 North 81 degrees and Is minutes
East twelve hundred and hfty-six fl266l feet from
the Southwest corner Of said Section Thirty-two
ta2l.
1t is further ordered. considered and adjudged
that the amount OF the appeal bond