The Canon City record with which is consolidated the Canon City cannon., 1918-02-14
Important Water
Cases in Court

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OF the, district court was taken up
with the hearing ct the petition OF
the City OF Colorado Springs for an
adjudication OF its rights to the use of
water for city purroses-taken from
the east fork OF East Beaver creek
from which place. by series of rcser-
YoIrs and pipe lines. II diverts its
water supply over and into the wat
er district In which the city Of Colo
rado Springs is situated. The city was
represented at the hearing by J. l..
Bennett. its present ciJ attorney.
ard the testimony OF various engf-
neers was taken. dealing with the con-
struction and character OF the diver
sion dams and pipelines. The Altman
Water company was represented by
W. J. Chinn OF Colorado Springs, and
the Arkansas Valley Railway. Light
and Power company. also Interested
in the matter. was represented by the
firm OF Devine and Preston OF Pueblo
This hearing involved the reopening
vi tIt ktntlat EtHQtIt3 IN 1910
adiudicat;ng rights for purposes other
than irrigation The amount of water
petitioned for was finally granted by
the court and proper decree entered
for that amount
Also on Friday morning. the court
entered It's final decree IN the matter
OF the petition Of the Beescmer irri-
eating Ditch company for right to
change point OF diversion of ss7 cubic
feet of water. which Il had contracted
several ycsrsi ago to purchase from
the Fruit.and Water company OF this
county. A bearing was had on this
petition in 1914. st which bearing the
application OF the ditch company was
vigorously contested by the Oxford
Farmers Ditch company and tho Twin
Lakes Reserroir and Canal company.
and the former hearing resulted In =
denial by the court OF the Bcssemcr
companyis petition. Tho matter was
then taken TO the supreme court and
has since been In process OF ntiea-
ton before that tribunal Recently
a decision was banded down directing
that the change Of point Of diversion
be granted. and accordingly decree
was entered on last Friday permitting
the Bessemer company to change the
point Of diversion OF this quantity OF
water. 90 that the same may be taken
out through Its. ditch in the vicinity
OF Pueblo. for distribution to stock.
holders Of the company for use In the
Irrigation OF lands there. This water,
formerly owned by the Fruitiand Wat.
er company. was. represented by a
certain number OF shares In the Canon
City and Oil Crock Ditch company
and was formerly diverted frpm the
river ut the hcadeste of this OH
Crock Ditch xest Of Canon City. The
petition was originally denied by the
court on the theory that the change
In point OF diversion would result in
injury to wnter users further down
the course OF che river.
/
Saturday Afternoon argument was
made before Judge Cooper. on the
motion for now trial in the case oi
Florence Mckenzie vs. The Denver
q Rio Graadc Railroad company
This motion was sucd some weeks
ago. and specified l2s grounds for
the asking>of new trini. The plain
tin was represented at the argument
by Clarence NJ. Hawkins OF Denver
and Delbert A. Hessick OF Florence
and tho defendant was represented BY
T. NJ. Stuart. Jr.. OF Denver. counsel
who conducted the trial OF the case.
After an extended argument of the
motion, theI court denied the defend
ant new trial and upon application
OF the plaintiffs attorneys. Judgment
was entered upon the verdict of the
Jury for s6.7B0: together with interest
from tho date the action was com
Misunderstanding total amount Of
s7.z73.so.
Upon application Of tho defendant
company. Judgment was stayed fol
ninety days. to allow tho compan,
time 70 obtain the record OF the case
and % Tile its application With the
euprsIpe court for supersedsas. on ap