|
<br />on"
<br />of
<br />th"
<br />'I'rr)
<br />B. i,
<br />and
<br />Cou
<br />up"
<br />an(~
<br />'ta"';
<br />the
<br />fuli
<br />
<br />er
<br />6th
<br />lan,
<br />
<br />
<br />260
<br />
<br />IJl'U,
<br />
<br />,ion as of November 18" 1900.
<br />is therefore Considered. Ordered, Adjudged and Decreed by
<br />IIrt, that the Glenwood Ditch be numbered 146 CC, with
<br />I.y Number 213 BBBA, in the decrees of this Court for Water
<br />t No. 38; that said' ditdl be' awarded an appropriation of
<br />two (32) cubic feet of water per second of time dating from
<br />.er 18th, 1900, upon the original construction of said Glen-
<br />,Lch, and that there be allowed to flow into said ditch from
<br />,dug Fork River, for the use and bene'tit of the stockholders
<br />company. and their assigns, for ifl'igation and domestic
<br />" by virtue of said appropriation thirty (30) cu bic feet of
<br />er second of time, and that there be allowed to fiow into
<br />ilwood Ditch from Cattle Creek for the use and benefit of
<br />kh<ilders of said company and their assigns, for irrigation
<br />lestic purposes by virtue of said appropriation two (2)
<br />.t of wattlr per second of time of the spring and other water
<br />nto said creek above and near the' pOint where the water
<br />Roaring Fork River carried in said ditch, is emptied into
<br />k.
<br />it is further Ordered, Adjudged and Decreed by the Court,
<br />,1 findings and this decree is subject to aU decrees adjudi-
<br />() priori.ty of water rights In Water District No. 38 made
<br />(ed of record by this Court more than foul' years prior to
<br />,:c, of the petition herein. Also subject to the same condi-
<br />:l provisions as are' applicable to and contained in the Gen-
<br />ree made and entered of record in this Court in the matter
<br />,djudication of the priority rights to the use of water for
<br />JI in Water District No. 38, on the 11th day of May, 1889.
<br />J it is further Ordered that the petitiOlJeor pay all costs of
<br />ceeding.
<br />
<br />the ,
<br />Prh.1
<br />Dls.
<br />till!;
<br />No\
<br />WOl
<br />tlH
<br />of
<br />pu,
<br />wu,
<br />sai,
<br />tlll'
<br />and
<br />cui,
<br />fio\,
<br />fro
<br />sai';
<br />
<br />tha,
<br />cali
<br />and
<br />the
<br />tim'
<br />Eral
<br />Ot'1
<br />ilT!,
<br />
<br />thb
<br />
<br />JOHN '1'. SHUMATE, Judge.
<br />
<br />PRIORITY NO. 213 BB
<br />
<br />261
<br />
<br />adjaee t to and subject in rigatlonfrom the spring,
<br />seepage, scapage and waste water fr off the ranches of George
<br />Wathen d Walter \Vathe'n and oulsa \Vathen and from the
<br />northerly ~d of the ranch clal ed by Clifford Bouge and A. 'B.
<br />Foster, throil~h and by tQe F er-Watheu Waste Water Dl.tch re-
<br />lened to her~'in; that th petitioner Is the owner of the said
<br />ditch and that '\he work 0 construction thereon was commenced if
<br />the 8th day of iI.~arch, . D. 1901, and was completed and has ev r
<br />since hltberto be,\n ed with all reasonable diligence for 11'1" a-
<br />tion purpo~es upo he petitioner's said land; that said dit Is
<br />supplied by and c hes and appropriates all of the seepage, s page,
<br />waste and spri g tel'S that arise upon and fio'w from Ie said
<br />Wathen rauc and e northerly slope of about 10 acr s of the
<br />said Foster anch, an conducts said waters down a n ural draw
<br />. or depres' on westerly nd thence through the said d ch onto the
<br />,;aid la s of said petit ner; that the said petitiol r needs said
<br />water for irrigation pur ses on said lands, and as beneficially
<br />use the same for said pu~ose so far as said w tel'S will extend
<br />f the irrigation of about 5.,\ acres of said land,' d needs the sallie
<br />or about 120 acres, includi said 50 acres; hat the petitioner
<br />has made the further approp'iatlon and us , and is entitled to
<br />the prior and exclusive right t all of the aste, seepage, scapage
<br />and sllring waters arising upon I' fiowin frolll the said \Vathen
<br />ranch or any part thel'eof, Inclu ng bo the east half which is
<br />owned by Walter Wathen and the est alf thereof, which is own-
<br />ed by George Wathen, and also upo from the northerly portion
<br />of the land, consisting of about 10 cres of the ranch belonging
<br />to the said Clifford Bouge and A. B. ster. Provided, that this ap-
<br />vropriation shall not interfere wit the full right of the respective
<br />cwners of said land to the use of waf rs for beneficial purposes
<br />upon their said lands owned b' them.
<br />That th.", size and capac' y of said ~tch and the amount of
<br />land belonging to the petitio er lying adjan.ent thereto and subject
<br />10 irrigation therefrom, th diligence exercl d in the constl'nttion
<br />and use of said ditch an the na'eds of the p titioner are sulfieien t
<br />to entitle said ditch to n appropriation of a I of the said watel's
<br />to tile aggregate amo t of 2.4 cubic feet of ater pel' second of
<br />time, with priority I' ht thereto dating from t e said 8th day of
<br />Mardi, A. D. ]901; hat the said ditch Is 'e'ntltl d to Nlimber 146
<br />C, with Priority N 213 DB, In said Water Distrlc No. 38.
<br />Therefore, it s Considered, Ordered, Adjudged and Decreed b~
<br />the Court. that le said Foster-Wathen Waste Wat I' Ditch be a d
<br />the same Is he by numbered 146 C. with Priority o. 213 DB as
<br />of the said 8t day of March, A. D. 190]; and that th re be al wed
<br />to fiow into said ditch for 'the use and benefit of t e pet ioner,
<br />his heirs d assigns, for Irrigation purposes 2.4 c bl feet of
<br />water per second of time, or so much thereof as ma e obtain-
<br />v.ble frol}l any and all of the waste, seupage, scapag' nd spring
<br />waters ,that arise upon' and fiow from the \Valter at! ell ranch,
<br />situatrin the north half'of Sec. 18, T. 7 S., R. 87 ., and from the
<br />GeOl;p:e Wathen ranch situate In the north-wes quarter of said
<br />Sec ~ 18, and also the north 10 acres of the oster-Bogu ranch
<br />a lid the north-east quarter of Sec. 13, COI1SIstill of 160 acres Ituate
<br />,. Sec. 13 andN.E.14 of Se'c. 24, in said Tow ship and Range.
<br />Provided, that this appropriation an this decree shall not
<br />i be construed to interfere with the full ght to the use the of
<br />/ hy the owners of said lands of said wat s upon any of thei.r said
<br />
|