|
<br />100
<br />
<br />,unt than In accordance with the provisions of thIs decree.
<br />,i It Is further Ordered that the petitioners herein shall ay
<br />" oets of this proceeding.
<br />JOHN T. SHUMATE,
<br />
<br />
<br />
<br />PRIORITY NO. 97
<br />PRIORITY NO, 193
<br />
<br />Iuesch Ilell, William Chapman,
<br />
<br />Now on thl8 th day of November, A. D. ], the entitled
<br />,er coming on t be h.eard and the petitioner ppearlng In per-
<br />llndby Edward . Taylor, Esq., his attorney" and It appearing
<br />,~ Court that due otlce of this proceeding been served upon
<br />,'sone IntereBted, ld the testimony havl been heard by the
<br />, and the Court bel g now fully advised In the premises, doth
<br />
<br />That said Frank L. etltloner, and William
<br />,jlmRn are the claimants f said Huesc kell and Chapman Ditch
<br />fire the owners, so far a appears fr the testimony. ,
<br />That there are about tli rty acr of land I\nder said ditc'
<br />,n!,ing to said claimants a d that said claimants are entitled
<br />'11 Rpproprllltlon upon the Igl 1 construction-PrIority No.
<br />,f 60-100 cubic feet of water P second of time' for said land
<br />were' so suItable on, to-wit, t 20th day of June, A. D. 1884.
<br />'fhat of saId appropriation d Hueschkell Is and on said
<br />day of June, A. D. 1884, as, entitled to 45-100 cubic feet
<br />,eeond of time and said Ch man s and was entitled to 15-100
<br />feet of water per se'Con of tlm .
<br />Wherefore It Is Ordered Adjudged and Decreed by the Court,
<br />, the decre~ l1eretofore I' ndered "In he matter of t~e adjud!-
<br />ivn of the' priority of rig ts to the use f water for Irl'll!;atlon In
<br />ter District No. 38" an entered on the 11th day of May, A. D.
<br />9 " be and the same Is le'reby modified a to the said Hueschkell
<br />I Chapman Ditch No. 4 In said decree, so s to r'e'ad as follows,
<br />ject however to all her conditions In said ecree to-wit:
<br />
<br />
<br />['hat said dit Is entitled to Priorltll's No. 97 and 0.] 93. Said
<br />"h Is claimed y Frank L. Hneschkell and WI.JIlam C apman, one-
<br />if Interest e ch, said Hueschkell Is entitled to 46-10 cubic feet
<br />water' per cond of time of the appropriation by or Inal con-
<br />llctlon-P lorlty No. 97-and said Chapman Is entitled 0] 5-100
<br />Ie feet f water per seconll of time of the approprl Ion by
<br />'Ial c nstructlon. Their respectl-ve rights In the anp oprla-
<br />by rst enlargement-PriorIty No. 19~-belng equal. It Is
<br />(~h sed for the Irrigation of lands and takes Its supply of ateI'
<br />attle Creek, In Garfield County. The headgate Is located
<br />south bank of said creek on the S.E. %. of Sec. 9, T. 7~..
<br />
<br />AV:d It Is hereby Adjudged and Decreed that the:e be allov\7ed
<br />
<br />
<br />
<br />
<br />STATE OF COLORADO,
<br />COUNTY OF GARFIELD.
<br />
<br />} S,8.
<br />
<br />In the District Court.
<br />In the matter of the petition of
<br />'\
<br />Mary, Flannery, Collins D. Fuller, ~
<br />Andrew Thorson and Henry Mohn
<br />for the adjudication of their re-
<br />spectl-ve' water rights to the use of
<br />water for Irrigation from Cattle DECRgEJ
<br />Creek, in Water Di.strlct No. 38,
<br />and for a re-hearing upon the)
<br />G1enwood Ditch No. 95 In the de.
<br />cree of this Conrt for said Water
<br />Dlstr,lct No. 38. '
<br />
<br />Now on this 8th day of February, A. D. 1892, the' same III
<br />one of the regular days of the November Term, A. D. 1891, of
<br />C:ourt, the above named cause coming on. to be heard on the I
<br />tlOn of l\fary A. FI-anne'ry, Collins D. Fuller and Henry Ml'
<br />present, the said petitioners in person and by IT. T. Sale, I.
<br />and Edward T. Taylor, Esq., their attorneys of record j and It
<br />pearlng to tl'e Court that due notice of this proceeding has I,
<br />served on all parties, Interested herein, and adversely to, this I'
<br />tion, namely, Albert L. Coulter, Robert P. Coulter, Amos P. R,-
<br />ton, W. E. Lewis, H. Staton, John Gr,e'gory, R. D. Strang, F,
<br />HlIeschkell, Wm. Chapman, James O. Needham, Mrs. Louisa WaUl: I,
<br />John Lynch, G. R. Cameron, J. M. Lyttle, John Connor, JOB. '
<br />Laren, Wm. Gardner, J. P. Somers, J. \"1. Curtis, M. H. McLacll' iI,
<br />and The Rqaring Fork and Grand River Ditch and Land Comp' "
<br />Lindsay Streepy, John M. Stre'epy, Bernard H. Hunt, Myrtall
<br />F'onda, Er'c Sundell,. Peter Sundell, Allen P. Sprankle, Johll
<br />Emerson, Michael Lavine, Frank Osgood and - Peterson, ;
<br />prior to the heRrdlng hareln, all and each of said respondents h'
<br />lng been severally called three times In open Court by the Sher ,[
<br />of said County and coming not; and the testimony having bi II
<br />heard on the behalf of the petitioners, and the Court now be: ~
<br />flll1y advised in the premises, doth find:
<br />That each of said petitioners claim an Interest In the' constr'
<br />
<br />g
<br />
<br />is
<br />i-
<br />
<br />"
<br />
<br />;.,
<br />
<br />)-
<br />
<br />11
<br />
<br />d
<br />
|