Rocky Ford enterprise., 1894-10-04

| !>o. H. tpoH petltlOH VI 6nuftW McSlcilAuu
| for review.
Whereas. On the 9th day of May, A. d. 1894.
the District Court of the Tenth judicial Dis.
trict of the State OF Colorado within and for
| the county Of Pueblo, Honorable J. c. Elwell,
Judge. made an order us follows, to-wit:
STATE OF COLORADO, los
COUNTY OF PUEBLO. 90
JUDICIAL DISTRICT WITHIN AND ron THy
COUNTY OF PUEBLO IN THE STATE AS0RE.
SAID
| OF PsioRITuEs OF wATSR RIGHTS
| IN DISTRICT NO. II.
ORDER.
And now on this 9th day of May. A. D. 1894,
| this matter coming on regularly for hearing
MeGieiand filed herein. WHO makes appiica-
| ton to the Judge OF said court for an order
adjudication, and that said cause be reopened
| for review; that the decree heretofore en-
rered hifsh n0 ana the entering Of mai
| and valid decree herein, not only ON behalf OF
said Andrew MeGlelland but t. rs well e, on sbts bs
cause. with additional testimony 70 ne taken
herein, both on his and their behalf. as Dy
| statutes in such case made and proyided; and
and fully understood. and II appearing to the
Judge of said court that the ends OF Justice
would be promoted thereby, that said appli.
cation is made within two years from the
| date of entering the decree in said cause, and
that good cause is shown for such review, and
the court further finding that the @ degree e en-
feet. insufficient and improper in many
| respects and ought not to stand as the hnal
here etofore offered in the matter OF adjndici-
tion of water rights is insufficient, In many
enable the court pts to properly modify said de-
cree, or to enter any other Just docree con,
10 Of OF
to irrigation. And the court further finding
s II % SfHeT rs 1s bs
| and additional evidence should be taken in
alssef % nns sqss tSa i IS aRo
| ticable. inexpedient and impossible 70 proceed
to hear such evidence, or any evidence. IN
Now. therefore, il is hereby ordered. ad.
Of claim on file herein. the abst ract of findings.
report and decree of the former 5 REL FefereS s,
decree Of this court be. and the same hereby
are, rereferred to the said Allen J. Beap.
court court discreet and qualified person), who is
hereby appointed and constitnted refereS
as and by T aS so
act as such referee. upon notice of such pro
for i No. naa
and 2,4i1>of Mills Annotated Statutes of the
Service si ei as % by statute in such case made and
provided, and that thereupon he proceed.
ali n'Ia the testimony I % and evidence oRered. both
on behalf of the said Andrew McCleliand In
matter nne tr' Of his Fights, as the owner Of the
Lincoln ditch. or priorlties, to the the use q
WATER WATT tFG% sFf No and on pehaf q
| all the parties to this adjudication to take
further to sspPy iso u and
| list In the proofs and evidence taken before
the former referee in said matter; on state
ments of claim already filed, and also to hear
and take evidence on amended statements.
or amendments to statements heretofore
to take evidence on behalf of all said parties,
| showing when the water. to which the said
parties claim ownership and priorities, was
| applied to a beneficial use, and the number of
| acres OF land to which such beneficial appro-
Showing the area of land irrigated by water
carried in the bitches. the rights of which arc
beiRs dse q
| such ditch and the taking of the testimony in
affer tasns all the evidence that may bc
offered herein for the purpose AFORESAID, shall
nm abstract Of findings upon all the evidence
| In the matter of said adjudication. including
ssd and sha
| report and decree in accortance herewith;
decree, with bis ST, report and ali evidence taken
and the evidence heretofore taken In the
matter OF said ,adinacntipn r (Which form.r t
said referce). as well rs the abstract Of fnd-
ings and all other papers and ,, thngs refeTed @ ,
with the clerk thereof on or before the 18th
day OF December. A. d. 1884, subject to ratif-
that on Novembcr LIST. 1891, the said referee
hearing from day to day until the a0th day Of
must be closed and completed;
| 1t is hereby further ordered. adjudged and
and decree of said former referee, together
with the order and decree of court based
shall stand so fur as they may be valid, until
a decree shall be entered in the present pro-
hereby, declared to be vacated. annulied. set
aside. and shall thereafter be held for naught.
orlties by esriginai constracton true ION or % appropta
tion of water by original construction. shall
ohsr peres
| In. And the former testimony taken herein
shall be considered in making new decree:
by the court, that the said Andrew McCiel-
especially for the p purpose R W Of adjudicatins his
to water vat rights & ~ reason , q being
| II. is ordered by. the court that the said
Andrew Mcclellnnd shall pay the cost g. Of
nk Nils Annetsted @ % Statutes. to be % made Within
ten days from the time of the first puhlica-
The court further reserves the right, on
good cause shown, to extend the time for the
other acts herein required to be done
Done in open court the day and date frst
hereinabove written. -. c. ELWELL'l1smaA1sl l1nadsl
Now, THEREFORE,. BY virtue of the said
and Of the statute in such cases made and
| provided, I. Allen ]. Beaumont, referee, do
hereby give notice to all persons. associations
| and corporations of record in and to this ad-
| judication, interested rs owners or consumers
| of water for irrigation in said water district
| No. II, Of the State of Colorado, that will, Mt
| the place and during the time hereinafter
| designat ed. attend for the purpose Of hearing
| and taking testimony and evidence on behalf
| of the said Andrew McCIellnnd in the matter
| of his said petition and claims and matter Of
his rights. as the owner of the LINCOLN
DITCH in said water district No: Is: and on
behalf Of all the parties of record to this ad-
judication. will take further evidence to
| supply omission and correct defects found to
exist in evidence heretofore taken on state
| ments, amended statements and amendmt nts
| to statements already filed. particularly to
| show when the water to which all. any and
| every of said parties claim ownership and
prioritics WAS applied to n beneficial use, and
the number of acres of land to which said
beneficial appropriations have bccn actually
made, and also the aren of land actually irri-
gated by water from the respective bitches
and canals, the rights of which are being ad-
| Indicated herein, in the several years between
the date of tho construction of any such
ditch or canal, and the taking OF the testt-
mony in accordance with this order. Such
| hearing Will be had and held at my ONCE,
room 81, Opera House block. in the city Of p.
Pueblo. county of Pueblo and State Of Colo
| RADIO, beginning on Thursday tho first day OF
November, A. ID. 1894, and will be continued
| from day To day until and including the 30th
day of November, A. ID. 1894, by which last
ri 1nta n t.v,i ha rl0 gpJ and