Rocky Ford enterprise., 1894-09-20

for review.
Whereas, On the 9th day of May, A. D. 1884.
the District Court of the Tenth judicial Dis
trict of tho State of Colorado, within and for
the county of Pueblo, Honorable ]. C. Elwell.
Judge made an order as follows. to-wit:
coGNTr or PuEBLo. SIS
In THE DISTRICT COURT OF THK TENIa
JUDICIAL DISTRICT WITHIN AND FOR THE
COUNTY OF PUEBLO IN THE STATE ArokE-
SAID.
In THE NATTER OF THE ApgUDlcATIos
OF PRIoRITIIEs OF WATER RIGHTS
IN DISTRICT NO. IA.
ORDER.
| And now ON this 9th day of May. A. d. 1894
this matter coming on regularly for hesrinE
McClelland filed herein, who makes applica-
ton to the Judge q said M ror an 70 s
adj judlcation. and that said cause be reopened
for review; that the degree heresoiori sSa m en-. :
| re-adjndication and the entering OF 1nAl
and valid decree herein, not only on behalf OF
cause. with additional testimony TO be taken
statutes in such case made and provided aud
| the same being taken up. heard. considered
adfe snd coaFs haa the of
would be promoted thereby, that said apHli-
dats Of enterns the decree in SAID and
| that good caus is shown for such review. and
anS &
feet. Insufficient and improper In many
n asa sa IL
| heretofore offered in the matter OF ad1udica-
oc water to Z
enable the court to properly modify said de-
% 7, sss IL hs ss:
constitution of the State of Colorado relative
| to irrigation. And the court further nnding
| that in order to enter a proper and Just do
cree, it will first be necessary that further
and additional evidence should be taken in
pf anP naturalization
| court further finding that 1t is wholly imprac.
ticable, inexpedient and impossible 20 proceed
Now, therefore. it is hereby ordered. ad-
Of claim on nle herein, the abstr Of nndings.
report and decree of the former referee
decree of this court be. and the same hereby
are, re-referred to the said Allen J. Beau-
e%%rt %Snt hS dscrest and auaiied Who Is
hereby appointed and constituted referee
and b. aa e q
act as such referee, ueon notice OF such pro
eeednss SO far ss Nop opgSaes e adS n
and 2, All of Mills' Annotated Statutes OF tho
State of Colorado, and such other notice and
provided. and that thereupon he proceed.
Between the dates hereinafter named. to tane
on on besaif s s5 Of the said aid Andrew aeCieiisnd in
the matter Of his said petition and claims and
| water from the Fontaine Qui Bouille in said
ali the parties to this adjudication to take
further evidence. TO supply omissione and
ist in the proofs and evidence taken before
| the former referee in said matter: ON state.
and shts tahe X Evidence on AMENDED Statements.
| or amendments to statements herotofore
+ f os s %
showing when the water. 70 which the eaid
sns and nas,. ro; 81
acres Of land to which such beneficial appro-
priarions have been actually made. and also
Carried in the bitches, the rights Of which arc
being adjudicated herein. in the several years
| between the date of the consi ructiOn OF any
such ditch and the taking of the testimony in
accordance with this order; and said rorerge.
report the same 70 this court. and shall make
the mate9 Of said
tho testimony and evidence on behalf OF tho
ss,a sspare "sT nnd Sesrea in aaaordenco tSerswt
together with his findings herein which said
and and the s' evidence s heretofore taken in tho
matter of said adjudication (Which former
evdenee Is hereby referred ed and saDmittea t 20
| ings and all other papcrs and things referred
TO him, he shall return TO this court and nie
day of December. A. d. 1904. subject to ratif-
cation and hearing in said court;
that on November ist 1891. the said referee
shall begin the hearing and taking Of the
hearing from day to day until the s0th day Of
November. 1884, by which last date all evidence
It is hereby further ordered. adjudged and
decreed that the abstract of findings, report
VIII with oeee the order r" and decree Of court Ssssi
thereon and bearing date May 9th. A: D. 1852:
t ns il,
ceedings; when they shall be; and they arc arc
nside and shai thereafter Be held Tor
Providing, however, that the dates Of prt.
orlties by original construction or aPpropsia.,,
McCIeIiand or other parties herelfter eomi1s
shall be considered in making new decree.
It is further ordered, adjaged and dseEsed
adjudication for ali the purposes thereof, and
g
Arsw MeGeand aS ssa i0 pay 's The @ Cos. q
making the SERVICE required by section ztM.
ten 's days from the ss time 81 the irss pnbiiea.
tion by the clerk"
Srhs5 si ss
| taking of said testimony or the doing OF any
other acts herein REQUIRED to be done:
Rshs % SPsn ssH.! 's Sl Ell
Now, THEREFORE,. BY virtue of isSSsss, the said
order. and pursuant to the provisions thereof
and of the statute in such cases made and
provided, l. Allen ]. Beaumont, referee. do
| hereby give notice to all persons, associations
and Corporations OF record in and 10 this ad-
/ judicatiOn. interested rs owners or consumers
| Of water for irrigation in said water district
No. IA. of the State of Colorado, that Will, at
the place and during the time hereinafter
designated. attend for the purpose Of bearing
and taking Testimony and evidence on behalf
OF the said Andrew McCellnnd In tho matter
| of his said petition and claims and matter Of
his rights. as the owner Of tho LINCOLN
DITCH in said water district No. "A; and on
behalf of all the parties of record TO this adj
judication, will take further evidence to
supply omis sions and correct defects found to
exist in evidence heretofore taken on State
ments, amended statements and amendme nts
to statements already hled, par rticularly to
show when the water to which all. any and
every of said parties claim Ownership aud
prioritIes was applied to Q beneficial use. an9
tho number of acres Of land to which seio
beneficial appropriations have boon acfunly
made, and also the area of land actually irrt.
gated by water from the respective dttchcs
and canals, the rights Of which arc being "a.
judicated herein, in the several years between
the date of the construction Of Rn$ such
ditch or canal, and the taking Of the testi-
mony in accordance with this order. Such
hearing will be had and hold v/at my o0ce,
room 81, Opera House block. IN tho city Of
Pueblo. county OF Pueblo and State Of Colo
RADIO, beginning on Thursit3y the nrst day OF
November, A. d. 1894, and will be continued
from day to day until and including the 30th
dav flf Nnvanhar n hv ,rh Is,f, Ia