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<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 />