The Ordway new era., 1915-05-14
Ordaf Allowing Appeal

mer Irf1gaun8 Upeh
Company for Change
of Point of Divsrsion
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.
1916. Of said District Court. comes The Besssmer
Irrisstine Ditch Company. and presents to this
Court its statsmsnt and prayer for appeal. whore
In said The Bssssmsr Irrigatina Ditch Company
prays that It ~ appellant plaintiff in error. Be
allowed an 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- rsviswed by said Supreme Couit
on appeal or error. on examination of which
statemsnt this Court doth find that said state
msnt 10 In accordance with the statements
Of claim hlsd By said appeliees defend
ants In error as provided by law. and that said
statement herein sets forth all matters and
thinss required By law to be set forth in state
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 tho
appeal prayed for by said The Bessemer lrrisstins
Ditch Company ~ appellant. be. and It is hereby
allowed and that the name OF the appellant or
plaintiff In error 10 The Bessemer IrriRating Ditch
Company and that the names Of the ap-
psilees or dsfszdants in error are The Oxford
Farmers Ditch Company The Twin Lakes Ressr-
voir and Canal Coupany and A. R. Riel and that
the namea and descriptions of the ditchss. canals
OF reservoirs claimed by the parties appellant and
appellee a. shown by their several statements Of
claim nisd ~ provided by law. are a. follows.
to-wit:
The name o& the ditch claimed by said appellant
and plaintiff In error. Ia The Besssmsr Ditch the
he.deats Of which 10 situate in Water District No.
II of the Stats Of Colorado. on the South bank Of
the Arkansas Rivsr in the Northwest quarter Of
Section Thirty-thrss (ss). Township Twenty COY
South. Range sixty-sx (66) West Of the Sixth
Principal Meridian. in Pueblo County. At . point
whence the corner stone common to Sections
Twsnty-sight 60 and Twenty-nins (2s). Thirty
two (s2) and Thirty-thres (s0 Of said Township
and Range bears North "a degrees and is minutes
West, two thousand four hundred and fifty (24S0)
fest.
The name Il ths ditch claimed by said appellee
and defendant In error The Oxford Farmers
Ditch Company. h The Oxford Farmer Ditch.
the hsadsats of which Is situate In Water Dist
rict No. II a sAs State Of Colorado. the South
bank of ths Arkanaas River In Section Thirty
ISL. Township Tvsnty-oas t21l South. Of Range
Sixty [eol West in Pueblo County. In the stats Of
Colorado
The name Il the ditch claimed BY aid appellee
and defendant Ia error Ths Twin Lakes Reservoir
and Canal Company. 10 The Colorado Canal.
somstimss called Ths Bob Creek Ditch the head
gate of which 10 situate in Water District No. II
Of the State Of Celosado. on the North bank Of
| N,a-- a. -
Section Ten tio1. Township Twenty-ons tzi]
South. Range sixty-two te2l West. in the County
Of Pueblo. In the ststs Of Colorado.
The name Of the ditch claimed by said appellee
and defendant In error A. R. Risl il The Jones
Ditch. the headeats Il which 10 situate in Water
District No. IL of ths State Of Colorado. on the
South side of Howard Creek. . tributary Of the
Arkansas River. in the Northwest quarter Of the
Southwest quarter of Section Four III. Township
Forty eight G4s] North. Range Ten fio) East, in
the County Of Fremont. In the State Of Colorado.
said Jones Ditch bsine designated as Ditch No.
rs 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 linda that said appeal hereby
allowed. ID from the decree Of this court In the
above entitled cause. denying and Diminishing the
praying for = decree changing the point Of diver
sion from the headsats Of The Canon City and
Oil Creek Ditch 70 the hsadsate of said The
Besssmer Often. ef the right to the use Of three
and ssventy-four ons hundrsdths (s.7D cubic feet
of water per second Of time from and out Of Ark
ansas River priority No. ~ dated May 81. 1854 In
Water District No. 12 Of the State Of Colorado.
and the further right to the use Of five and thir-
teen one hundrsdths (5.10 cubic feet Of water
psr second of time from and out of Arkansas
River priority No. X dated May 81. 1857 in said
Water District No. L. both Of said priorties No
20 and No. "a having been awarded and adjudi-
Gated on February .. 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. 12. and that aaid The
Canon City and OIL Creek Ditch Is owned by
said The Canon City and Oil Creek Ditch Com
pany. and that its headeate is situate on the
North bank Of the Arkansas River In Section
Thrty-two ts2). Township Eighteen G1sl South.
of Range Seventy mol West Of the Sixth Princi-
pal Meridian. in Fremont County, Colorado. at a
point which is North 81 degrees and 45 minutes
East twelve hundred and ffty-six fl266l feet from
the Southwest eoener Of said Section Thirty-two
l0l.
1t 10 further ordered, considered and adjudRed
that tho amount Of the appeal bond
herein be and II Is hereby fixed at
Five Hundred Dollars Is5ool. which appeal
bond shall be conditioned. executed and approved
a. provided by law. within thirty days hereafter.
and that ninety-two tsz1 days be allowed within
which to tender bill Of exceptions herein.
By THE COURT:
Chas. A. wilkin (sEAL)
Judge
thereby certify the foregoing to be = 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 d Fremont
IN WITNESS WHEREOF have hereunto sst
my hand and akixsd the seal of said court at