S. W. CARPENTRn ATTORNEY AND COUNSELOR AT LAW
MA.NCOS, C01_011..k.E00
Mancos,Colo., September 14,1931. Mr. S...Burke,
Secty of The Montezuma Valley Irrigation Co. Cortez,Colo.,
Dear Sir:
I enclose duplicates of Deed and Agreement between J.W.Ritter and your Company,as per understanding arrived at at Board Meeting Sept.8th,and the memorandum acted on in that con-nection, to be referred to Yr.Glenn,as I take it,for his
examina-tion and reference to the proper officers of the Company. Yours very truly,
STATE OF COLORADO County of Montezuma ss.
IN THE DISTRICT COURT. No. 967
IN THE MATTER OF THE I ADJUDICATION OF PRI-ORITIES OF WATER
RIGHTS TO THE USE OF NOTICE WATER FOR
IRRIGA-TION IN WATER DIS-TRICT NO. 34
To all persons, corporations and as-sociations interested in said ad-judication proceedings and claim-ing water rights for irrigation purposes in said WATER DIS-TRICT NO. 34, consisting of all lands lying in the State of Colo-rado, irrigated from ditches or canals taking water from the Rio Mancos and its Tributaries; and also all lands irrigated from ditches or canals taking water from that part of the Dolores River within the boundaries of said Montezuma County, State of Colorado, and from streams draining into said portion of said Dolores River:—
YOU WILL PLEASE TAKE NO-TICE, that E. D. Peters, the Referee in the above entitled adjudication, has made and filed in this cause his findings and final report, in-cluding a draft of proposed final decree of adjudication in accord-ance with his said findings; and that by order of this Court, Mon-day, December 18, 1933, at 10:00 o'clock in the forenoon of said day, has been set as the date when the Court will proceed to hear and de-termine said report of said Referee in this adjudication, and to hear and adjudge upon any and all ex-ceptions and / or objections to said report and findings and to said proposed decree, said order being as follows:
STATE OF COLORADO ' County of Montezuma iss.
IN THE DISTRICT COURT No. 967
IN THE MATTER OF THE I
adjudge upon any and all excep-tions and objecexcep-tions to said report and findings and to said proposed decree:
IT IS, THEREFORE, NOW CON-SIDERED and ORDERED That Monday, the 18th day of December, 1933, at 10:00 o'clock in the fore-noon of said day, be and the same now is set as the date when the Court will proceed to hear and de-termine said report of E. D. Peters, as Referee in this adjudication, and to hear and adjudge upon any and all exceptions and objections to his said report and findings and to said proposed decree; which hear-ing and determination will be held upon said day, and continued and carried on from day to day and time to time, as the Court may di-rect, until concluded.
IT IS FURTHER ORDERED and DECREED That all parties inter-ested and desiring to make excep-tions, objections or applications concerning said report, findings and decree shall file the same, in writ-ing, with the Clerk of this Court on or before said December 18, 1933.
IT IS FURTHER ORDERED and DIRECTED That the Clerk of this Court shall give written or printed notice by mail of this order and of the date of said hearing to each claimant of water rights interested in said adjudication, and to each attorney, who has appeared in said adjudication; and shall also cause copy of said notice to be published in one issue of each of the Cortez Sentinel, The Montezuma Valley Journal, The Mancos-Times-Tri-bune and The Dolores Star.
By the Court,
JOHN B. O'ROURKE, Judge. AND YOU ARE FURTHER NOTI-FIED That, pursuant to said order, the Judge of said Court will, com-mencing on Monday, December 18, 11933, at the hour of 10:00 o'clock in
the forenoon of said day, and con-tinuing from day to day and from ADJUDICATION OF PRI- I time to time, proceed to hear and ORITIES OF WATER determine said report of said E. D. RIGHTS TO THE USE OF[ ORDER Peters, Referee in the above en-WATER FOR IRRIGA- I titled adjudication, and to hear and TION IN WATER DIS- adjudge upon any and all excep-TRICT NO. 34. I tions and / or objections to his Now on this 7th day of December, I said report and findings and as to 1933, it appearing to the Court that , said proposed decree.
the Referee in the matter of this , WITNESS my hand and the Seal adjudication has made and filed of said Court at Cortez, in said in this cause his findings and final County of Montezuma, in the State report, including a draft of pro- , of Colorado, this 7th day of De-posed final decree of adjudication , cember. A. D. 1933.
in accordance with his said find- , J. M. BRUMLEY, ings; and that a day should now be Clerk of the District Court set to hear and determine said re- I in and for Montezuma County, port of the Referee and to hear and I Colorado.
JOHN G. 13E1,1,, Juci. JAS. R. KYLE, Olerk.
•
DISTRICT COURT
total) - litutiriat
1,istrirt
OF
COLORADO
i89
ez-e(
C. 4 --e C-11 eA 0 //.dt 2t-411`VV,A4-1
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7'
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FIRST NOTICE
STATE OF COLORADO
ENGINEERING DEPARTMENT
DENVER
NOTICE
PROTECT YOUR WATER FILINGS.
This is the First and Last Notice you will receive from the office of the State Engineer.
By the Act of the 22nd General Assembly all Claimants Who Have Heretofore Made Water Filings in the Office of the State Engineer and Whose Claims Have Not Been Submitted for Adjudication or Have Not Been Fixed or Settled by Final Decree in Adjudicating Proceedings, Are Required to File Supplemental Statement with the State Engineer Prior to January 1, 1921.
Enclosed herewith is a blank for your Supplemental Statement. The provisions of the Act appear on the back of the Statement.
Use the enclosed blank in making your Supplemental Statement as the number and description of the filing are correctly noted thereon before it has been mailed from the Office of the State Engineer.
This Supplemental Statement is very important, not only for the continuance of your claim but also because it may be used either for or against your Water Right in a subsequent Adjudication Proceeding.
Do not attempt to fill it out yourself, but take it to your Legal Advisor or Engineer and have it made out accurately and according to the facts as they will appear in testimony at any subsequent Adjudication Proceeding.
No Fee is required with this Supplemental Statement.
This Supplemental Statement must be filed prior to January 1, 1921.
FILE YOUR STATEMENT NOW. YOU MAY DIE AND THE FACTS DIE WITH YOU.
You will note that the object of the act is not to in any way injure any legitimate claimant. The pu,rpose of the act was to rid all legitimate claimants of the cloud upon their titles caused by the enormous number of abandoned filings which still remain to all appearances, in full force and effect, upon the records of the State Engineer. The object of the present proceeding is to segregate the active, live and legitimate claims from the dead ones and the laws provide that all those who do not comply with the provisions of the Act shall be deemed to be dead and shall be so noted on the records of the office of the State Engineer.
It is recommended that even where your right has been decreed, you should file a Supplemental Statement. By so doing, you will greatly aid the State Engineer in his work and will also avoid cancellation of your filing upon the records. While your rights are protected by your dee,ree, nevertheless the State Engineer prefers to note your water right as decreed rather than to stamp it as cancelled. In such cases merely make the following notations: "Project completed and claims represented by filing, protected by decree of the District Court of
county, 19
Claim awarded priority No. , under date of , Water District No ADDISON J. McCUNE,
f
For the consideration of an easement to The :!ontezuma Valley Irrip:ation CcyTpany for a 30 foot roadway across a cPrtain parcel of land situated in the Southwest corner of the solitheast uarter of Section eight (8) in Township thirty-seven (0i Aun7e fifteen (15) West F. P. ..,the center line of said roadway commencing at a point 59.1 feet due East of the cluarter corner common to Section
eight (0) and seventeen (17)as now reco7nized by The :.iontezuma Valley Irri7ation Company and J. Ritter, thence
r
6 37' 173 feet to the shoulder of the State Hirrhway between the towns of Co.20Z and Dolores.For the above consideration The :Tiontezuma Va71e7 IrIaton Company grants J. Ritter an easement for a ditch rir7ht9f way acrossthe following parcels of land acquired by warranty deeds from Frank R. In dated Decembor 31, 1830, rocorOod in 7.7,ck 7 at pa:.--e 206, und m February 4. 1390, recorded in Book 3 at -0tv-e 210 of the records of the County Clerk and Recorder of the records of Montezuma County, Colorado., described as follows:
/ Ditch to co-71one° on the left bank of the Dolores river at a point j 56'00 - distant ap-rroximately163 feet from a point on the east line of the Northwest quarter of Section
17 Township 37 North Rane 15 West of the N. I.
5335 feet South of the quarter corner cor,Imon to Section 3 and 17 of the above Township; thenco
r
56° 00' W approx-imately 165 foot to the East line of the above 1.tence N 56° 00' W 140.9 foot, thence IT 740 50' W 246 feet, fence N 34° 20' W 387.3 feet, more or loss, crossirg
the lino that boars 3 63c 10'E of that certain parcel desried in the aforesaid deed recorded in 'nook 3 at pa rTs 210.
Said ditch at its intake shall, at least, be 11.5 feet below the N. 1. top corner of the concrete well wall adjacent to the South end of the diversion wier, (across the Doloirs river), of the main head.worl:s af M1141_ iToylt,12:-Ir v4.1104, Irxigatiun company -ditch 0,-stom as now constructed. Said -ditch shall be of sufficient dimensions with the available grade to carry 2?- second feet of
water, tor,ether with sufficientland on each side for the proper operation and maintenance of the same, but in no event to exceed 20 f--;et in total width.
Said intake and ditch shall be so constructed as not to interfere in any way with ilv7ress and eress of the owners and employees of said company, and so designed and constructed as
to relieve said company from any expense whatsoever. It is herein areed that the owner of the above descri-ed ditch shall have the rir,ht to enter upon and across the above described pareIs of land of the aforesaid company for the purpose of surveyinc7, constructin7, maintaining and operating said ditch, butin no event shall the above described ditch be fenced except • ';c-on the writ.ten demand of the Botird of Directors of the Company.
9
Nothing in this agreement shall be so construed as to prevent The Montozuna Valley Irric-ation Company, its succel::07:13 or a7fl5rms f'rom onterina tn and upon any nart of any parel of land now owned ,for the purpose of surveying, cleanin7, i.
operating or for the transportation of materla16, tools and equipment or for the removal of earth or
Travel from any part thereof, or for any other lerritament purroce. It islrizreed that the company shall not lomer the curryincr ec-it7 of o!lid ditch )elow second feetby the removal of 0Jrt7, or r-ravel from said riqht of way easement.
I:, is expressly agreed and understood that as 1or7 as the owner of the above described ditch, or his successors
or o,00i-alo
owns 100 shares of stock in the company he shall be permitted to convoy In said ditch any Priorityor
priorities that he may in the future acquire.In the event the owner of sd ditch shall develop storap!e water above the companys head works to be carried therein, he shall provVe or arranRe for the provisions of ways and means for the proper measure-lents of 'such water into and out of the Doloros river into his said ditch to the end that there shall be no less of water to the aforesaid company, and any losses incident from any Reservoir to the point of diversion shall be determined by the authority of the State Engineer of Colorado.
It is further agreed that any infrin:.ement by the owner of the above described ditch upon the right to use of water by The 1Jontezuma Valley Irrigation Company shall serve to nullify th e aforesaid easement for the above (Y_esTribod dI4 c1i ri-771A of way.
The Montezuma Valley Irrigation Company shall not be held liab]efor any damam to said ditch by reason of the necessary acts of the employeen of the aforesaid company incidental to maintenance and operation of the ditch system of the aforaaid company.
IN THE DISTRICT COURT DI AND FOR
TIE mum
OF MONTEZUMA STATEar
COLORADO CIVIL ACTION NO.II TEX
MUM
or PRIaRITIEs ar )
STATEMENT OF CLAIM OFU.
RIGHTS IN DISTRICT NO. 312 ) YONTEZUMA VALLEY IRRIGATION COMPANYComes now the Montezuma Valley Irrigation Company by its attorneys, Dan Yilenski and George R. Armstrong, and makes statement of claim for water diverted through Main No.]. Canal and Vain No. 2 Canal, Ditch No. 21, Dolores River, and Shows to the Court as follows:
1. That the name of the claimant is MONTEZUMA VALLEY IRRIGATION COMPANY, a mutual ditch
esipamy
incorporated under and by virtue of the laws of the State of Coloreds.2. That under and by virtue of the decree of this Court entered in 1892 and 1933 there 11113 decreed to the claimant District Priority No. his Stream Priority No. Dm.16 for
538.5
cubic feet of water per second of time to be diverted through the ditches of the claimant, being the Main No. 1 Canal and Main No. 2 Canal of the Claimant for the irrigation of 35,000 acres of land under said ditch system.3.
That there was also decreed by way of conditional decreePriority No. 50 a conditional decree for the diversion of 761.5 cubic feet of water per second of time for the irrigation of an additional 49,497.5
acres of land to be placed in cultivation under said ditch system.
it.
That with said canals together with the Narraguinep Reservoir, Groundhog Reservoir, Totten Reservoir, Dawson Reservoir, and Beaver Reservoir, as adjudicated in the 1933 decree constitute a single unit or system for the irrigation of approximately 85,000 acres of land lying under said ditch system.—1—
5.
That the shareholders of the Montezuma Valley IrrigationCompany have at this time placed under said ditch system and have used additional water upon lands not under irrigation at the time of the
1933
decree but placed under irrigation since said time approximately 11,000 acres of additional land, or a total of
1.6s000
acres of land are now in cultivation and water applied to a beneficial use under said ditch system, and that therm should be decreed absolutely to said claimant 169.2 cubic feet of water per second of time, or a total of707.7
cubic feet of water per second of time, being th6 total amount necessary for the Montezuma Valley Irrigation Company ditch system and that the remainder of said water conditionally allowed in said ditch by the decree of 1933 should be extended as a conditional decree for use by said company at such time as additional lands may be placed under cultivation under said ditchsystem for the irrigation of said additional 38.497.5 acres of land lying in and under said ditch system to which water has not yet been actually applied and for the irrigation of said lands when saia later is appro— priated for that purpose.
6.
That the beneficial use or duty of water onlanas undersaid ditch system is 1 cubic foot of water per second of time for each 65 acres of land.
WHEREFORE, the claimant claims the additional water prayed hereunder in the amount of 169.2 cubic feet of water per second of time or an total absolute adjudication in the amount of
707.7
cubic feet of water psr second of time for the irrigation of 46,000 acres of land lying in and under said ditch system.SECOND CLAD'
For a Second Claim the Claimant shows to the Court as follows: 1. That the Claimant is the successor in interest to the Colorado COnsolidated Land and Aater Company.
2. That the Claimant is a mutual ditch corporation organized under the laws of the State of Colorado.
3. That the claimant by said organization is owned by farmers and water users lying in and under said system and that said water
used for domestic purposes by said water users during the non—irrigating season.
h.
That during the entire life of the Claimant water has beendiverted by the Claimant for domestic purposes during the non—irrigating season from November 1st to May 1st.
5.
That the Claimant has diverted for said domestic purposesa total of 100 cubic feet of water per second of time.
6.
That said water is used by the owners of the claimantditch company for domestic drinking water, for the watering of live— stock, for the supplying of water for the Town of Cortez, and for all other domestic purposes necessary for the users and patrons of the Montezuma Valley Irrigation Company during said non—irrigation season.
7. That said diversion for domestic use has been continuous since the year 1921 by the claimant from and after the time of its formation and by the predecessor in title prior to the organization of the present claimant fromthe time of the original diversion in the year 1885.
8. That the heedgate of the Main No. 1 Canal and the Vain No. 2 Canal through which said domestic water is diverted from the Dolores River is correctly described and shown in the Decree of this Court entered in 1933.
9. That 100 cubic feet of water per second of time is a reason— able amount of water for domestic purposes for the uses hereinabove set forth.
WHFREFORF, Claimant prays that water for domestic purposes be adjudicated to the Claimant in an amount of 100 cubic feet of water per second of time for use by the patrons and shareholders of the Claimant —3—
during the non—irrigation season for domestic purposes as may be allowed by law.
THIRD CLAIM
For a Third Claim the Claimant shows to the Court as follows: 1. That the Claimant, Montezuma Valley Irrigation Corpany„ is a mutual ditch company organized under and by virtue of thc laws of the State of Colorado.
2. That said claimant is the (Amer of the Narraguinep Reservoir situated in ,1;ections 4,
8,
and9
of Township37
North, Range 16 Meets N.M.P.Y. and diverts its supply of water from the Dolores River through Main No. 2 Canal, a part of -')itch No. 21 Dolores in and by the decree of this Court entered in1933.
3.
That the Claie,ant has used and continued to use the facilities of the Narraguinep Reservoir in connection with its ditch system and that pursuant to the Order of this Court entered in1933
and has filled once each year said reservoir to the extent of )100,01)4,000 cubic feet of water for use for irrigation and domestic purpose under and by virtue ofStream Priority Dolores
7
Reaervoir, also described as District Priority No. 11 Reservoir and that the Claimant has continued to use said priority in said amount.h. That said water is being used for the purposes for which it
was decreed and the Claimant asl-7 continuation of said decreed appropriation.
4-FOURTH CLAIM
For a Fourth Claim the Claimant shows to the Court as follows:
1. That the Claimant is a mutual ditch company organized
under and by virtue of the laws of the State of Colorado.
2. That the Claimant is the owner of Groundhog Reservoir situated in Sections 21, 22, 27 and 28 of Township hl North, Range 13 Nest, N.M.P.Y. Dolores County, Colorado, covering h23.7 acres of land and derives its supply of muter from Groundhog Creek and Fish Creek, tri— butaries of the Dolores River, emptying into said river 4, a point 'within the County of Montezuma, State of Colorado, and from drainage areas
draining into said Grounaaog Creek and Fish Creek situated in the County of Dolores, Colorado, and that the storage of water from said reservoir are conveyed through a tunnel and through said Fish Creek to the West Fork of the Dolores River, thence to the headworks and diversion dam of the Lain No. 1 Canal and Hain No. 2 Canal, numbered in and by the decree of 1933 as Ditch No. 21 Dolores for the irrigation of lands lying
under said system.
3.
That the original construction of said Groundhog Reservoirwas commenced on the 1st day of August, 1905, from which time the appropriation of muter for storage purposes therein by original order dated and was so decreed by this Court in 1933, and that under and by virtue of said decree the said Groundhog Reservoir was numbered Reservoir No.
4
Dolores in and to the extent of 56,2145,500 cubic feet of water once each year of unappropriated wates in said Groundhog Creek and Fish Creek and said drainage area not needed for immediate use for domestic or irri— gation purposes.-5-That under and by virtue of said decree the Claimant was awarded as a conditional decree subject to completion of the reservoir 1406,523,000 cubic feet of water for irrigation purposes to be diverted once -ach year of unepproprinted 'rates in said Fish Creek and Groundhog
Greek in said drainage areas not needed fer imnediate use for said domestic and irrigation purposes.
5.
That by due diligence the vontetuna Valley Irrigation Company proceeeed to constructed and complete the construction of said Ground— hog Reservoir as contemplated, and the total capacity of said Ground— hog Reservoir following construction amounts to 945,637,600 cubic feet of water, or 21,710 acre feet of water.6.
That under and by virtue of decree of this Court heretofore entered, this Court conditionally awarded to the cleiriant herein a conditioen1 decree for the construction of the 3naver Reservoir in an amount of 1, 189,000,000 with a priority date of October 24„ 1929 to be supplied Uy water from the Beaver pitch and Beaver Creek, tributaries of the Dolores River.7.
That because of conditions surroualing the conctruction and enlargement of Groundhog Reservoir including the cost of financing the flame., the area to be served, the ,zrainage of waters to said reservoir, the availability of materials, the claimant constructed said Groundhog Peservoir to a capacity of 9150L07,600 cubic feet of water, or L82,909,100 cubic feet of rater more than had been conditionally owarded to saidreservoir, construction having been completed in the year 1937.
8.
That the cost of said additional conetruction of said Groundhog Reservoir was $300,2)44.78.9.
That the Claimant desires that the conditional decree for the Beaver Reservoir be reduced by the amount of additional capacity sided to the Groundhog Reservoir; in other words, 1,189,000,000 cubic feet of water in the Beaver Reservoir reduced by 432,9090100, leaving a con— ditional decree in the Beaver Reservoir of 706,090,900 cubic feet of water conditional to the Beaver Reservoir.10. That the height of said Groundhog Reservoir is 112 feet, the total height of storage capacity is 102 feet, mad the total height of the dam above the bottom of the outlet gate is 72 feet which is available for diversion and use by the company.
U. That said water has been empounded into the Groundhog
reservoir each year from and after its completion in 1937 and has been applied to a beneficial use under the Montnuma Valley Irrigation Company ditch system for irrigation purposes during the irrigation season each
lIEREFORE, claimant prays that it be awarded aa absolute decfee for the storage of water in the Groundhog Reservoir, Reservoir No, I: Dolores, with a date ofAugust 1, 1905, for the total storage of water in an amount of 945,687,600 cubic feet, to be filled once each year from the drainage area serving it.
FIFTH CLAIM
For a Fifth Claim the Claimant shows to the Court as follows: 1. That the Claimant is a mutual ditch company organized under and by virtue of the laws of the State of Colorado
-7-2. That the Claimant is the owner of theTotten Reservoir situated in the NNSE of Section 20, Township 36 North, Range 15 West, N.M.P.V., Montezuma County, Colorado, and diverts its supply of water from the Dolores River through !lain NO. 1 Canal, a part of Ditch No. 21 Dblores.
3.
That said reservoir has been used for the purpose of empoundingwaters for P beneficial use through said ditch system to the extent of
17,01,1000 cubic feet of water from the unappropriated waters of the Dolores River not needed for immediate use for irrigation or domestic purposes once each year.
li. That the claimant contemplates additional construction to said Totten Reservoir to a capacity of 3000 Acre feet of water or 130,680,000 cubic feet of water, which will require a dam 15 feet high plus a
5
foot free front or a total height thereon of 20 feet.
5.
That said contemplated work was commenced by eurvey on or aboutthe first day of February A. D. 1951.
6. That said project and cost of an earthen dam and that it is
estimated cost for said project mould be Dollars.
'WHEREFORE, Claimant prays that said decree heretofore entered
by the Court be continued and that the claimant be allowed as an condition— al decree 130,680,000 cubic feet of water per second of time for the
additional storage of water to a total of 3000 Scre feet,
SIXTH CIAIK
For a Sixth Claim the Claimant 'holm to the Court as follows: 1. That the Claimant is a mutual ditch company organized under and by virtue of the laws of the State of Colorado.
2. That the Claimant is the owner of a conditional right for the construction of the Dawson Reservoir, to be constructed on a site
situated in Sections
5,
6, 7,
and 8 of Township37
North, Runge 16 West, N.I.P.Y., and Sections 1, 11, 12, and lh, in Township37
North, Range 17 West, N.M.P.N. all in Vortezuma County, Colorado.3.
That said conditional decree heretofore awarded by this Courtis for a total capacity of 2, 370,71h,000 cubic feet of water.
h.
That because of expenditures of funds for the oonstruction of theGroundhog Reservoir and for the repayment thereof, the Claimant has not been able to complete construction of said Dewson Reservoir for the emplounding of waters as adjudicated by this Court as a conditional decree under and by virtue of the
1933
decree.5.
That the Claimant desires cpnditional right to construct saidreservoir as soon as practical and when financial arrangements can be made therefor.
6.
That said reservoir would constitute an expenditure of such anmount as will require considerable arrangements for financing after completion of payment of indebtedness incurred for the constuction of Oroundhog Reservoir.
WHFREFORF, Claimant prays that the conditional decree heretofore awarded for the Dawson Reservoir in the amount of 2,370,711t,000 cubic feet of water designated as Dolores "reservoir N.
8,
and District Re— servoir No. 13, be decreed and continued and that the Claimant be allwed to construct said Reservoir at such time as plane may becompleted and
financial arrangements made within the general limitations of the lsw in such crze made and provided.
SEVENTH CLAD%
For a Seventh Claim the Claimant shows to the Court as follows: 1. That the claimant is a mutual ditch company organized under and by virtue of the laws of the State of Colorado.
2. That the Claimant has heretofore been awarded a conditional decree for the construction of the Bearer Reservoir for tne emplounding of waters on Little Beaver Creeks a tributary to DOlores River, in the County of "ontegnma, State of ColorPdo.
3. That the proposed cn:pacity of maid reservoir as decreed in 1933 WAS for the empoundinf and storage of water for irrigation purposes
in the nmount of 1, 189,0001001 cubic feet.
b. That the Clemat desires that of said conditional decree
482,909,100 cubic feet of water be transferred to the Groundhog Reservoir as now constructed and cr-pleteds and in full use in the Claimant's
irrigation system.
5. That the balance of 7062090,900 cubic feet of water conditionally decreed by this Curt in its decree oi 1933 be continued.
6. That because of the cost of construction of the Groundhog Reservoir the Claimant has not been able to complete construction of the Bearer Reservoir but that within a reasonable time the Claimant con— templates its construction and desires that said conditional decree be continued for that purpose.
7. That the findings of fact as set forth in the decree of 1933 in connection with the Beaver Reservoir should be continued and that the claimant will with due and reasonable diligence as financial conditions will allow corplete its construction in accordance with said findings of fact subject to the reduction in capacity hereinabove requested.
witntrFORF, Claimant prays that the conditional decree of this
Court be continued in connection with the Beaver Reservoir in the amount 70A2090,900 cubic feet of Inter for irrigation and domestic purposes as heretofore decreed by this Court.
Filed in 4strict Court
Montezuma County
April 30,
1953
Anna Patten,
Clerk.
IN 'Pr
Trqr'I(VT CoUPT /N AND FOR
THE COUNTY OF MONTEZUMA
STATE OF COLORADO
IN THE MATTER OF
OF PRIORITIES OF
THE USE OF WATER
NO. 34, STATE OF
No. 2083
THE ADJUDICATION
WATER RIGHTS FOR
IN WATER DISTRICT
COLORADO
DECREE
IN THE MATTER OF THE PETITION OF
THE TOWN OF CORTEZ, A MUNICIPAL
CORPORATION FOR CHANGE OF POINT
OF DIVERSION OF WATER RIGHT.
Now on this 3)th day of April, A.D. 1953, the
above entitled cause comes regularly on to be heard before
the Court, the petitioner appearing by its attorney, Dan
Milenski and no other person, water user, corporation or
association appearing, and the default of said parties is
noted and entered of record, and the Court having heretofore
set this matter for hearing for April 27, 1953 and which by
order has been continued to this date, and it appearing to
the Court that heretofore and on the 5th day of March, A.D.
1953, notice of said hearing was issued by the Clerk of this
said Court under the seal of this Court and as provided by
statute in this behalf, which notice was duly served by
registered mail upon all of the water users interested in the
Giorgetta Ditch, the Sheek pitch, Main No. 1 and Main No. 2
Canals of the Montezuma Valley Irrigation Company, and Notice
also
being SerV6t1 upon all of the water users in Water District
No. 34 by registered mail as
providedby law AS
set rorth
in
verjfied list submitted by the Water Commissioner as ordered
by this Court, and said notice was duly and regularly published
as required by law in a legal newspaper of general clrculation
in mni.f, "Pl4tPr District, to-wit: The Cortez Sentinel, a first
publication having been made on March 12,
1953
and last
publi-cation having been made on April
9, 1953,
and all the
require-ments of service of process now having been regularly and duly
completed, all of which service and notice is hereby affirmed
and alY roved by the Court.
And the Court finds the petitioner is the owner
of tte following described water rights in ,,ater District No.
34,
State of Colorado:
One cubic foot of water per second of time
Stream Priority No. 12, Dolores River
District Priority No. 16, Priority date
May 31, 1882 in the Giorgett,a Ditch
all according to the decree of the District Court of Montezuma
County, Colorado, entered of Record December 7, 19330
And the Court further finds that none of the rights of
any other water user or claimants in said District No.
34
will
be affected adversely by the change of point of diversion
as requested by the petitioner, from the headgate and point
of diversion of s;-,id Giorgetta Ditch to the following described
point of diversion;
To the headgate and point of diversion of
the Akin No. 1 Canal of the Montezuma Valley
Irrigation Company situate on the south bank
of the Dolores hiver
in the Northwest Quarterof
the Northeast cuarter (144NW of Section 17,
Town-ship
37 North,
Range 15 iesc o New Mexico Principal
Meridian9
nor will
said change of point of diversion adversely affectany other water user in said Watr,.r District No.
349
TT 28
PUTMMItED OADUCLD, ADJUDGED AND DECREED BY
THE outiaT that the petitioner be, and it is hereby authorized
and permitted to change the point of diversion of its certain
water rights above described from the headgate and point of
diversion of the Giorgetta Ditch to the headgate and point
of diversion of the Aain No. 1 Canal of the Montezuma Valley
Irrigation Company situaGe on the 3outh Bank of the Dolores
River in the Nolthwest Quarter of the Northeast Quarter
(NWeNE4) of Section
17,
Township
37
North, Range 15
West,
New Mexico Principal Meridian.
Done and signed in Open Court this 30th day of
April A.D. 1953.
BY THE COURT:
0.11•••••••••• 0,100 dOWWSTATE uF COLORADO,
County of Montehuma.
I 830John H. Galbreath
JUDGE.
Anna Patten, Clork of the District Court in
and for the County and State aforesaid, do hereby
certify the foregoing to be a true and correct copy of
the original Decree co the same appears on file and of
record in said Court.
Witness my hand and the seal of the said District
Court at Corte
Colorado, this 16th day of June, 1953
crr
Pt
Clerk of the District Court,
Montezuma County, Colorado.
IN TRIIDINPRIOT OWNT WITRIN AND MR ?RI; G(XNTY OF SAN AMU, STATE OF COLORADO.
No. 1704
IN TRI1 11101 AMTUDICATION OP )
SIMPRIOUlneet UM LIMNS IN ) =ana COSAMIAPPODIT UM DISOWN ffOP SIM Ur% Cai ) OF DrUILSICS.
SCINIADO.
This matter owning on for hearing, this 8th 4111Iof Anril, A. D, 1948, in the Court House, in the City of TAIONifte els Gounty, Colorado, Water District No. 69 of the Stale of Golessio, sstsidift is said Sem MONA County, befbre the Honorable George r. 110044 sae of the amilgee of the strict Owart, the said Petitioner, Chester 1. 211601, being present in person mad Iv his attornelys, Bryant & Petrie, and application sea thereupon nede by said petitioner that the pririr of his petition filed has be granted,
and the point of diversion of two enbio feet of water per sesend of
time be °hanged from the Lowsmorth nitch, being in Priority 110. 6, as of Juno 1, 1885 and Ditch No. 6, to the head gates of the but -ler DitCh, No. 9 and the Not Mder Diteh I. 10, one amble fbet of
such water to each the bat Neer Ditch and the 'lost )'.(lor Ditch, and the Asititioner having introduced the ovidnnoe in his behalf, by himself and "amass, and the Court having diay aonitidered said petition and the eviannoe in sumort thereof, and there being no objections made by any person or persons to the granting of sailipetition. end being
fully muftis& in the premises.
FINDS, That Petitioner is the owner of two (2) Gabie feet of water, per second of time in The Leammosiorth Ditch, priority NO. 6 as of Jsris I, UM and 'Ditch no. 6; the owner of the other three (3)
Triorttr Wag °scar P. Dressel, of *Mr, Colorado. said
Inellsseorth Ditch having decree An' the (5) ouldo foot of water
per seeeal of time.
TM COAT MOM rums. That hearirc on laid petition
Tess heritetera 40, est Serthis Ants, and dee neties thit,roof gifts
as providied ar kw speak an sorties Interested *arida or As ni4ht
be affecte4 by Imoll changov bp tlw Cie* of this Court nonftag
L &ajgistorel soil to all of such parties sad within
the tine prwelesi yr law. sad ber publication of mach natio* la ilto
Tainvids West* aid Who am Oros& Press; said Telluride Tribune t&blished in Zen nand Oevatr, Colorado, sad The novo Creak Prole
in Dolor,* CountY• 44.11411101, cid Water District 69 exteeding
lasto both San sal Wars* amettios, Goloraile.
000112 IIMEIM01 That RO objestions have tem
nods te the grantliag of the roller **eft for la said petities
LITrm or rifting It% night be affected by Mak stow of pelat of Alward** as proved for. sad that Milt *MO lit papist of
diversion etl.1 net injtvionaly affeet the vested riette of other
persons, antithat free tho tostiaory prollated, ise ethers vial is
iejurtottay affected lir meth alherse.,
Mx Octal' Ariatia /DEUS, That 441.Q point of ettersiest of
The Loemussorth Ditch as heretofore fixed by decree of this 0ourt iss
ilealipite Is lasated on the West Bask of ULM. Greek at a
pellet whence the Mast c/sorter Corner of Section 1, Township 40„
WiertiN, RowKIfIbeers Wosth 400 Ws west 4503.4 foot and sail
Dltdt VIM ix a wawa soatiarosterly dirsatlea; est the boaddate of
the *est Um Utah is UMW ea the - ii'emis of the gest Dolores
Nikesfr et a point whelltee ein lee* 411101/11.11P GOMM of Soften 18, `Pornshin
40 Wolk Imago 12 West. loam South 040 27° West 4014 foot and said ditilh
Ms in a general westerly direction; and that the hsexigoto of Ow
foot am Dits.11 ie loastoi oa the loot ' f Wish Creek at a pellet
1.1 Nest* Uwe
Isubh We
44' Ilast 34.3.5 feet,and smIa di**
runs In
•
gamma southerly direction.
INS COURT FORTUNA FINDS, That tha
eilogations of the
petition Ms&
harelaare tow
IT Is Imiaralus
Allimcm
TIACILT.ID,UM,
prayer
ofthe petition be aillited,
idOM
Petitioner,
%esterBrom Le herolv authorised to drew
its
ipsillt et divisPailes torone (IL ) amble fbot
of vorter per seem/ of tins toes the Lsorosserth
nit*, No.
6, priority No. 6, as herelnabOti deseribel to the
heediste of the Vast Nder Dita, No. IP es ileeeribed la the petition
OR
file herein
z VIfT TUTJange thepoint
of liyersion for ono (1)clibic
f%ot of odor per MOW ofthus frets
said the Leavenworth Ditch No. 6afbresaid, to the
hasegotte ef the
torn Ner Ditch, xo. 10 as described in the petition ain filehere*R.
IT IS
NUM=
OMMIMMIN,
AMMO AND DEORMID. 'Nat petitioner file with the State Aleinadirof
the State of Colorado. a °artifice oopy of this doors% and alsn fillsos certified cow of this decree is the office ef the ribriamtion DWIBIOR %glassy having Jurisdiction overmid Water Dittrict ok). G9.
(63.7' . 13 9 0 -.1--.6 ' YV, 13 i 4 19 3 b b 15 IG 1 7
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011
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