C150341 Feasibility

• Contract/PO #: CT2015-027
• Contract/PO #: C150341
• Contractor Name: Pisgah Reservoir and Ditch Company
• Contract Type: Loan
• Water District: 12
• County: Teller
• Loan Projects - Doc Type: Feasibility Study

IN THE DISTRICT COURT OG ME ELMMITTII JUDICIAL DISTRICT
OP TIFE STATE OF COLORADO IN AND FOR FREIRONT COUNTY
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In The Matter Of the Priority Of )
Water Rights in Water District )
No. 12 of The State of Colorado; ) 4796
_. And In The I °latter Of The Petition }
Of The Pisgah Reservoir And Ditch ) D E C R 2 E
Company for a Decree To Rount )
Pisgah Reservoir )
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Now on this 13th day of January, A D. 19M , the same being one of the
regular juridical days of the November 'Perm, ,1.D. 1927, of our said !�istriot
Court, the above entitled matter eoraes on regularly for hearing on the
petition of The Pisgah Reservoir and Atoh Company, a Colorado corporation,
and in pursuance of, the order made and entered herein on October 3, 1927
fixing the time for this hearing and prescribing the notice thereof to be
given to all parties interested adversely to the said petitioner herein.
The said petitioner appeared herein by its attorney, H. R. lizAldo, ;:squire;
and no'person or .corporation appeared in opposition to petitioner or other-
wise, nor has any protest or other objection been filed herein opposing
the claims of said petitioner, althou;;ls the time allowed therefor has noav
expired. Thereupon the said petitioner offered its evidence in open court
in support of the allegations of its petition.herein; and the court, having .
heard and considered the same ani the argument of counsel thereon and being
well and fully ,advised in the prami3es; doth now find;
1. - That at all times before this day the said petitioner herein
has failed to offer any evidence in any of the procesdin3s heretofore had in
this court in the matter of the Priority of .Dater Rights in 1Yater Dintriot
No. 12 of the State of Colorauio in support of the rights now claimed by it
as fully set forth in its petition herein.
$. - That before f;ivin�, or offering any evidence herein and before
filing its said petition, the said petitioner made and filed in this court
its statement of claim in form and substance as required by the laws of the
state of Colorado in such case matte and•nrovided, cettini, forth its rights
and claims in and to the %mtera in said 'Pater Jistrict Ito. 12 which are
herein involved, it true cony of which statement of claim appears as a part
of the said petition herein.
3. - That before ,.;ivinj, and offs-ing tiny evidence herein, the said
petitioner duly procured leave of thi3 court so to do on teran its to notice
to all parties interested adversely thereto wore fully specified in the said
order of this court made and entered herein on October 3, 1927, ull us is
required bi the said laws of the estate of Colorado.
4. « That petitioner has caused due and auffioient notice of its
claims, and of the time and place fixed for the hearing thereon when any
parties interested adversely thereto mi3lit appear and be heard in oppo-
sition thereto, to be given to all such parties interest adversely thereto
in strict and complete accordance with the provisions of the said order
herein of October 3, 1927; so that there is now vested in this court full
and complete right and 1.iurisdistion to adjudicate and determine the rights
and priorities in said 'ater District io. 12 claimed by said petitioner.
5. - That said petitioner is now and at all times lierein mentioned
has been a oorpo.ration duly organized and existing under and by virtue of
the laws of the Mate of Colorado.
6. - That petitioner is the owner of that certain reservoir known as
the 2dount Pisgah Reservoir and situated on Your Mile Creek, tt tributary of
tine Arkansas Ftiver, in lister District po. 12 of the State of Colorado, and
in Teller County, Colorado, and of all of the land overflowed by said res-
ervoir and upon which the same is situated; that said reservoir is created
by a dam across the natural stream bed of said Pour Mile Greek situated
in the Fx N11+ of Jac. 31 in Twn. 14 of R. 70 ';J, of the 6th P.M. and with
its east and located at or near a point from whence the Il41 corner of said
Sao. 31 bears N. 46.46' 50° 11. 2567.14 feet, from which point the center
line of said dam runs 3. £35 925' W. 642.93 feet to the viesterly end thereof;
thnt said dam is approximately 74 feet high and forms a reservoir having a
depth at high eater mark of 65 .feet, a surface area ttt such high water
mark of 117 acres or 5,093,600 squire feet, Fand a capacity when filled to
such 65 foot Level of ?743 acre :feet or 119,549,500 cubic feet of stater,
and which inundates !ill or portions of the B, ld "i;, and Lots 1 and 2 of said
i