C150086 Feasibility Study - Laserfiche WebLink

Home Browse Search

102 tlon of the Glenwood Ditch, No. 95 In the decree of this Court, cntered on May 11th, 1889, In and for W,ater District No. 38, from the headgate of said ditch down to th-e'lr several lands to the ex- tent necessary to convey water for the Irrigation of the same; that each of said petitioners Is entitled to take water from Cattle Creek In said County at the head of what Is known as the G1enwood Ditch, and to convey said water through said ditch to their several lands, with priority rights and numbe'rs and amounts as herein- after found, to-wit: That the priority rights of said Mary A. Flannery were Ini- tiated on the 1st day of Aprj.), A. D. 1882, by the cOmmencement , of the original construction of said ditch, and that she owns 90 acres of land lying under said ditch and subject to irrigation thereby, and that she is entitled, under and by virtue of said appropriation, to one and eight-tenths cubIc feet, of water per sec- ond of time to the waters of said Cattle Creek to be conveyed throup.-h and alon~ said Glenwood Ditch from the headgate to her said lands, and that she Is entitled to Priority NO.2] A in the said decree In and for said Water District No. 38. And the Court doth further' find that the priority rights of the said petitioners, Co11lns D. Fuller and Henry Mohn were ini- tiated on the first day of April, A. D. 1883, and th'at their priority rights arE> equal; that the' said Fuller Is the owner of about ninety acres and said Mohn about fifty .acres Iy!ng under said ditch and subject to irrigation thereby, and, that the said Fll.1ler is entitled to an' appropriation of one and eight-tenths cubic feet of water per second of time, and said Mohn Is entitled to an appropriation of one cubic foot of water per second of time of the waters of said Cattle CrE'ek to be' conveyed through said Glenwood Ditch onto their respective lands for Irrlgatl(1n purposes" and that said appro- priations are jointly entitled to Priority No. 54 A In said decree for said water district. . The Court doth further find that the priority rights, of the petitioner, Andrew Thorson were Initiated on the ]st day of April, A. D. 1885, by the commencement of work on the said ditch; that said Thorson has lying under saId ditch and s'lbject to Irrl~ gatlon there'by, th Irty-flV'e acres of land, and 'that he Is entitled to an appropriation of seven-tenths of a cubic foot of water per second of time of the waters of said Cattle Creek, to be conveyed through said G1enwood Ditch onto his said land for Irrigation pur- poses and that Bald appropriation Is entitled to Priority N'o. 113 A of said water district. And that each and all of said petitioners have, sinl;c the several commencements of thel.r work on said ditc/l, pursued the construction thereof with reasonable diligence and have used the waters of said creek sufficient to entitle them to the priorities and amounts hereinabove found. It is therefore Ordered, Adjudged and Decreed, that the decree of this Court, made aud e'ntered on May 11th, 1889, In the matter of the adjudication of the priority to the use of water for irrigation In Water District No. 38, be, and the same Is hereby modified to conform to the premises. 'And It Is further Or<!ered, Adjudged and Decreed, that thel said Mary A. Flannery be allowe'd an approprlaUon of one and el~ht-tenths cubic feet of the waters of Cattle Creek In saId County and water dl,strlct, to be conveyed through said lHenwood Ditch, 103, Numbered 95 of said d,e'cree, onto her land for irrigation purposes; that said approprlat!on be Priority 21 A. It is further Ordered, Adjudged and Decreed, that Collins j), Fuller be allowed an appropriation or one and eight-tenths cubic feet of water per second of time of th~ waters of said Cattle Cre'el" and that Bald Henry Mohn be allow,ed an appropriation of one cubic foot per second,of time of the waters of said Cattle' Creek, to be con- veyed (through)' said Glenwood Ditch to their respective lands for irrigation purposes, and that said appropriations jointly be Prior- Ity Numbered 64 A in said decree'. It is further Ordered, Adjudged and Decreed, that the said Andrew Thorson be allowed an appropriation of seven-tentlHl of n cub!c foot of water of the waters of said Cattle Creek to be conveve(1 through said Ulenwood Ditch onto his said land fOl' Irrigation p'ur- poses, and that said appropriation be Priority Numbered] 13 A in said decree. It Is further Ordered, Adjudged and Decreed, that this de- cree shall be' taken, deemed and held to be supplemental to the saId decree (entered May 11, A. D. 1889, for said Water District No. 38), and subjeet to the .redtals, provisions and conditions thereof. It is further Adjudged and Decreed that the petitioners pay the cost of tll is proceeding. OF COLOR A DO. I,ss , . In the District Court. In the' matter 0 t!'o~ adjudication of ) the priority of I' hts to the uSe of \ Pet'tion of wnt,er for f,rrlg-atlo In Water Dls- {Benedict BOllI'/!. trlct No. 38. . , The petitioner, Benedict ourg, having- dul~ filed his petitIon herein on the 25th day of Mar 1890,. for a re-hearlng- in respcct to the I'Be of water for irrl,l"atlon r ~n from Woody Creek in the Water District No. 38, and espec , in respect to the rl~hts of !'ald Bonrl!' l1nd Frank FrasBo In llpect to the use of water' from the Waco Ditch and Prynltles No.. 2 and 145, to-wit: The first and second enllirl"eme~ _Of llald Wac Ditch and the amonnt rf land owned by sal:z:no rg and Frasson u er irrlgatlon by said Waco Ditch. And dne not!cp. vinl2' bv order of thIs C01 t been given in w . ,lnP.' to all part! interest.ed in the' nse of wat for Irrigation from :Woody Cree a!l appears by the decree enterE'd, rein on the 11th of Y. 1 Rll 9, a nd prOof of service of snc notic-e' on said seve p. rtles havlne- been filed, and no one appearln to con- test said pe 'on save and excent Sampel McCormick, cl1as. amll- ton and w: 0 a ear by Georl?'o<l' D. Johnstone. Esq" their attorn at law. vlnl2' on the 15th day of ..Anril, 1890, take! and proofs parties present to contest,