<br />258
<br />
<br />'rlati~)il is entitled to Priority No. 217 A as of th id I t
<br />d t<j IU said Water District No. 38. e sa;tis n med
<br />It is therefore Considered. Ordered, Adjudged and Deed b
<br />the \!.,lIrt; that the said Rownan and Jacobson Ditch a d thY
<br />!;ame !,) hereby nibered 146 E, with Priorities Nos ~ 3 BB~ a ~
<br />~ 17 ~,i sai ater District No. 38, and that ther~''be allowed I~O
<br />ow lido s ditch from Capitol Creek for InlgajAo '
<br />~Zel us" an befit of the said petitioner, James :!trne~ ~~r~~~:sS af~~
<br />
<br />~tl~u~~i> t~~~~Of, d ~~br~ri~eet ~~ ~~~e~P::~~~~d nONi~~J;g~~~~I~I~~-
<br />
<br />tlOW ,,' 'i tht at 1.2 c ic feet of saId amoul}( shall only be allowed
<br />o ow n 0 sat.d dlt for said appropl'(atio id
<br />all increase his Irrig Ie lands ther~~der nov~sr s:nd ~~~~~on4e~
<br />acres and beneficll1l1y appl the same)hereon with reasonabl,,' dili-
<br />gence ,l~ provided by law. /
<br />, Id A JI(~ that there be further 119-W,ed to fiow Into said ditch tor
<br />sa'd ~"IPoses, and f.rom said cre' and for the use and benefit of
<br />~a~ "Llrg~ret L. Klllney, he~€irS nd assigns, by virtue of tile
<br />~ald IBd11J Enlargement, 1 cubi foot 0 water per second of tim'e'
<br />rov ",I, that .9 of one cup c foot of s d '
<br />~:owed ~o fi~W Into said flitch for sal.d a :O~~i~~~o~h:~1 t?II~,I~a~(~
<br />nn~y, er elI'S and a)lslgns, shall Increase her said amou-nt
<br />practicaLly Irrigable 18.911 thereunder, at the es blished ratio
<br />and uL" ve 5 a~res, a9d with reasonable dlllgellce.
<br />, It;~ further "ordered and Decreed that th '
<br />~?I~t del," ',i) .Ishall e subject to the vested and deC~~d-,~nrlorg~v:t~~
<br />Ilg s {" Ilt leI'S s provided by law and that the s "h
<br />to the :;:.]110 C dltlons and provisions as are cOllt~ ed II ,,<,ethsUhje',l
<br />eral de.., '(. the Dist I t C t n e g''lll-
<br />da f" '7: r .? ,qur made and en red on th~ i lth
<br />
<br />{)I~~I~tr~iJ "~18~,I~httol~~:, u:~ ::ew~t~~tef~rOflr~~e atl~;d/l~a~~O:~e~~h~
<br />i, further Ordered that the pe i J ~
<br />the eSP,ddllent, Margaret L Kinney ea oner, ;mles Byrne an"~\
<br />ts al ) tI t h h' pay one- a f of the Court
<br />rmlP~Cti::;ly.la eac s all paY,the e enses of their Own witnesses
<br />JOHN T. SHUMATE, Judge.
<br />
<br />
<br />PRIORITY NO. 213 BBBA
<br />GLEN WOOD DITCH
<br />
<br />The Glenwood Inlgatloll Company,
<br />
<br />Petltoner
<br />
<br />Now On this 5th day of December AD] 908
<br />the regular juridl,cal days of the Nove'mb~r 'A' D ,]~~I~g one of
<br />the District Court sitting within and for the 'Co~nty of G ~e~~ of
<br />the Stato of Col\>rado, the abOve entitled m~tte ' ar e ,In
<br />heard on thQ petition filed In said matt r came on to be
<br />Ing by Its president, Lewis BallaI' and af~~ ~he Ifse~~ioner appear-
<br />1I01l1son, and It appearing to the' Court. that ih torney, J. W.
<br />~~t~le~1 t? notcf of this hearing, or whose intere~~e W~;ldn~eP:~:c~~
<br />y Ie en er ng of this decree, and thereupon the Court heard
<br />
<br />
<br />259
<br />
<br />the testimony of the witnesses on behalf of the petitioner, and
<br />there being no protest made or filed I.n said matter and no testi-
<br />mony offered in opposition ,to the testimony on behalf of the' peti-
<br />tioner, and being now sufficiently advised in the prpmises, doth find:
<br />First; That the petitioner, The Glenwood Irrigation Com-
<br />pany, Is a corporation, organized and existing under and by virtue
<br />of the laws of the State of Colorado; that said company claims to
<br />be the owner of, the Glenwbod Ditch and right of way therefor;
<br />that the headgate of said ditch Ia on the north-easterly bank of
<br />the Roaring Fork River, In. Water District No. 38, Garfield County,
<br />Colorado, about 100 feet above the headgate of, the Sharp Ditch,
<br />which Is located at a point whence' the north quarter corner of
<br />Section 28, T. 7 S., R. 88 W. 6th P. M., bears N. 7 degrees 28 min-
<br />utes E. 2169 feet, and from the point de'slgnated as the headgate
<br />of the Glenwood Ditch the said G1enwood Ditch runs In a north-
<br />westerly direction to Cattle Creek; thence down ~aid Cattle Creek
<br />about 100 feet, using the bed of said creek as a part of said Glen-
<br />wood Ditch, to the head gate of said ditch situate On the north bank
<br />of said creek, and from thence said ditch runs In a north-westerly
<br />direction to, onto and across the' N.E.14 of Sec. 16, T. 6 S., R. 89
<br />W. 6th P. M.; that said ditch is six feet wide on the bottom, eight
<br />feet wide at high water mark, and Is two feet deep; the grade of
<br />",aid ditch 18 6.66 feet per mila'.. and the carrying capacity Is 32
<br />cubic feet of water per second of time; that the WOI'k was commenc-
<br />ed on said ditch on November 18th, 1900;'that said ditch takes
<br />its supply of water mainly from the' Roaring Fork River, which
<br />water so take'n from said river Is carried through said ditch to and
<br />emptied Into said Cattle Creek, and Is taken from said creek, to-
<br />gether with certain spring and other water flowing In said creek
<br />through the headgate of said ditch which Is located on the north
<br />bank of said creek on the lands owned by C. C. Chase.
<br />Second: That said ditch was built and constructed by said
<br />company for the purpose of carrying water to and onto the lands
<br />of the stockholders of said company, lying under said ditch, for
<br />their us.c' for domestic and Irrigation purposes thereon, and that
<br />Fl1ld company laid out and expended In building and constructing
<br />suid ditch and purchase of the right ,of way therefor over the sum
<br />of $7,600.00; that the names of the stockholders of said company
<br />are: Tim Sievers, Florenr'a' E. Philippi, J,oseph McLarnlng, C. C.
<br />Chase, William Lever, C. D. Fuller, Mary 'McNulty, Lewis BallaI',
<br />J. W, Dollison, l<Jdgar D. Wilson, Garfield County and ~. J. Bolles;
<br />that each and all of the stockbolders of said company own, 01' have
<br />some Interest in lands lying unde'J' and Irrigated by water from said
<br />Glenwood Ditch.
<br />Third: 'l'hat the lands owned by the stockholders of said com-
<br />pany lying under and Irrigated by water from said ditch, and the
<br />ilize and carrying capacity of said ditch Is sufficient to entitle said
<br />ditch on the original construction thereof to an appropriation of
<br />thirty (30) cubic feet of water per second of time from the Roar-
<br />Ing Fork River, and to an appropriation of two (2) cubic feet of
<br />water per, second of time of the spring and other wata'rs 1I0wlng in
<br />Cattle Creek above and near the headgate of said ditch on said
<br />creek for the use and be'llefit of the stockholders of said company
<br />and their assigns for domestic and Irrl,gatlon purposes on their
<br />lands lying under said ditch; that said G1enwood Ditch should be
<br />numbered 146 CC, and Is entitled to Priority No. 213 BBBA, In the
<br />decree'S of this Court for Water District No. 38; with date of all-
<br />
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