The Ordway new era., 1915-04-30

yner Irri4atina 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.
1916 of said District Court. comes The Bessemer
Irrigating Ditch Company. and presents to this
Court its statsmsnt and prayer for appeal. where
In said The Bessemer Irrigating Ditch Company
prays that it. a. appellant plaintiff in 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 reviewed by said Supreme Count
on appeal or error. examination Of which
statement this Court doth find that said state
ment 10 in accordance with the statements
of claim filed by said appellees or defend
ants In error ~ 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.
IT'S THEREFORE, CONSIDERED. ADJUDG
ED AND DECREED by the Court that said state
ment be. sud It 10 hereby approved. and that the
Ditch Company a. appellant, be. and it Is hereby
allowed and that the name of the appellant or
plaintiff In errt 10 The Bessemer Irrigating Ditch
Company and that the Of the ap-
pelloes or 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 ditchss. canals
or reservoirs claimed by the parties appellant and
appellee as shown by their several statements Of
claim nlsd ~ provided by law, are ~ follows.
| to-wit:
The name Of the ditch claimed by said appellant
and plaintiff in srrog. Is The Besseaner Ditch. the
headsate 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-thrss (3s). Township Twenty (2o)
South, Range sixty-sx (e6) West Of the Sixth
| Principal Meridian. In Pueblo County. at point
whence the corner stone common to Sections
Twenty-eisht (1s) and Twenty-nine (2S). Thirty
two (S2) and ThIrty-three (33) Of said Township
and Range bsars North "a degrees and Is minutes
| West two Thousand four hundred and fifty (2460)
| fest.
| The name Of the ditch claimed by said appellee
| and defendant In error The Oxford Farmers
Ditch Company. e The Oxford Farmers Ditch.
the headEats Of which Is situate In Water Dist
rict No. II Of tbs State Of Colorado on the South
|
ISL, Township Twsnty-one (2l1 South. of Range
Sixty t00J West In Pueblo County, in the state OF
Colorado
The name Of the ditch claimed by said Appellee
and defendant IN srror The Twin Lake. Reservoir
and Canal Company. Is The Colorado Canal.
sometimes called 1bs Bob Cresa Ditch. the hsad-
gate Of which 10 situate In Water District No. II
| Of ths Stats Of Coloesdo. on the North bank Of
| the Arkansas Rivsr in the Northeast quarter Of
Section Ten (lOl. Townshp Twsnty-one t2l1
South, Range sixty-tvo (s2l West In the County
Of Pueblo. In the stats Of Colorado.
Ths name Of the ditch claimed by said appellee
and defendant in errer A. R. Riel. Ia The Jones
Ditch, the headxate Of which 10 situate in Water
District No. II Of the Stats 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 l4J. Township
Forty EIGHT [4sl North. Range Ten fIo] East. in
| the County Of Fremont In the State of Colorado.
said Jones Ditch being designated Is Ditch No.
2s6 In the decree dated February .. 1894 Of this
Court In the matter Of the adjudication of water
rights in said Water DistrictNo. ~.
Said statement and prayer for appeal shows.
and the Court finds. that said appeal hereby
allowed. is from the dscrss 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 headgats Of The Canon City and
Oil Creek Ditch to the headRate Of said The
Beasemsr Often. Of tbs right to the use Of three
and seventy-four one hundredths (3.7O cubic feet
of water per second Of time from and out Of Ark
ansas River priority No. % dated May 81. 1864 In
Water District No. IL Of the State Of Colorado.
and the further right to the use Of Ave and thir-
teen one hundredths H.ls) 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. II. both Of said prioritics No.
20 and No. "a having been awarded and adjudi-
Gated on February 8. 1894 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. H. 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 hesdgate is situate on the
North bank Of the Arkansas River in Section
Thirty-two (s2). Township Eighteen flsl South.
of Range Seventy f7oI West of the Sixth Princi-
pal Meridian. in Fremont County. Colorado at a
point which IL North 81 degrees and Is minutes
East twelve hundred and hfty-six ll25s] feet from
the Southwest corner Of said Section Thirty-two
1871.
It 10 further ordered. considered and adjudeed
that the amount Of the appeal bond
herein be and IL 10 hereby fixed at
Five Hundred Doliars fssool. which appeal
bond shall be conditioned. executed and approved
~ provided by law within thirty days hereafter.
and that ninety-two ts2l days be allowed within |
which to tsnder bill Of exceptions herein.
BY THE COURT:
Chas. A. wilkin (sEAL)
Judge
Ihsrsby certify the fossgoing 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 ef the Eleventh Judicia,
District Of the State of Colorado sitting within
and for the County Of Fremont.
IN WITNESS WHEREOF havs hsreunto sst
my hand and afixsd the ssal Of said court at
Canon City. In the County Of Fremont, and State
Of Colorado. this 18th day of April A. D. 1915.
(SEAL) Edward p, Arthur,