Rocky Ford enterprise., 1894-10-11

NOTICE-In the matter OF the adJudlcatlon
N of priorities of water rights in District
No. IA. Upon petition of Andrew McClsllaId
for review.
Whereas, On the 9th day of May, A. d. 1884.
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 as follows, to-wit:
STATE or COLORADO, lss
In THE DisrRICr COURT OF THE TENTH
County OF PUEBLO IN THE STATE AroRH-
SAID.
OF PRIORIrIIKs or WATER RIGHTS
IN DISTRICT NO. II.
ORDER.
And now on this 9th day of May. A. D. 1884,
this matter coming on regularly for hearing
in open court, upon the petition OF Andrew
iion to the % Judge of said Court for an order
of said court that he be made party to this
adjudication, and that said cause Dc reopened %
tered herein bo annulled; that there be 9
re-adjudication and the entering Of final
saia snd YANG AnarsW McGisand but Is We'll on be
half OF an the other parties Of record m IN said
qsin Th 18th on lis and their Behalf as By
statutes in such case made and provided; and
.hs sams being taken up hsss sSs
would be promoted thereby, that said appli-
% date Of entering G % the decree in said cause. and
that good cause is shown for such review, and
tered herein, on May sth. A. d. 1892, is imper-
feet. insnfiicient and improper IN n. many anIy
IL saS al s
heretofore offered in the matter of ad1udica-
tion Of water rights is insutiaients in many
enable the court to properly modify said de-
cree. Or to enter any other Just decree con-
constitution of the State of Colorado relative
to Irrigation. And the court further finding
Il IL % se Ss
and additional evidence should be taken in
court ou % further ndinE that It IS wholly imprac,
ticablc, inexpedient and impossible to proceed
to hear snch evide nee. or any evidence, in
'Asf Now, t therefore, i it is hereby ordered, ad-
Judged and decreed, that all the statements %
herein, VIZ: Allen J. Beaumont, and the said
are. ase'ee repeferred re to the said Alien j. Hes.
mont thc being in the opinion OF the
court discreet and guah@hed @ person.; ,a' who Is
i Sr .
ssse9a ssssaRfs sssslsns &c M = ~ as ana
State of Colorado. and such other notice and
service as by statute In such case made and
between the dates hereinafter named. to tako
ali the testimony and evidence offered. both
Of 6 hi
Lincoln ditch. q prioritles te M use ef
Wafer WATT f!G pisTRIcT No. i and on behalf o.
ali the parties to this adjudication to take
sno
ist In the proofs and evidence taken before
ments Of claim already fiied, 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 sni1
PPapes to nse and he nnmSer Of
acres OF land to which such beneficial sppro-
Showing the area Of land irrigated by water
carried In the bitches, the rights of which are
being adJudicated herein IN the several years
such ditch and the taking of the testimony in
accordance with this order; and said referee.
report the same to this court, and hall makas
in the matter of said adjudication, inciudIng
the Testimony and eyidcnce on behalf Of the
Teport se1a f and decree in nocordanee risrrail,.
together with his findings herein. which said
decree, with his report and al evidence taken
matter OF said adjudication (Which fornnr
evidence is hereby referred and submttted to
TO him he shall return to this court Ard flo
sy M,n Of III pecember % % f. B. issG subject to rata
cation and henring IN said court.
1t is hereby further ordered by the eplrt
that on November LIST, 1894, the said referee
shall begin the hearing and taking of tho
aforesaid evidence, and shall continue such
November. 1891, by which Inst date oil evidence
must be closed and completed.
decreed that the abstract of findings, report
and decree of said former referee together
the order and Sf
shnlI stand SO far AS they may be valid. until
a decree shall be entered in the present pro-
aside, and shall thereafter be held for naught.
critics BY orisin~i constrnction lon OF as approptia I
tion Of water by original construction. shall
es or other partes ss s
in And the former testimony taken herein
shall be considered in making new decree.
land be. and is hereby, made party to this
espeeiaiy Tor tn the p purposs 81 sdjudicstns ms his
priorities to water rights by reason Of being
the y 81 fae sad Y tbe en- s.a
Andrew McClelland shall pay the cost of
milling the ssiss ssson msss
ten days q from the time Of the first publica-
The court further reserves the right. on
taking of said testimony or the doing OF any
other acts herein required to be done.
Done In open court the day and date first
written. J. G. .ELWELL.tsEAL.l
Judge.
Now, THEREFORE,. by virtue of tho said
order, and pursuant to the provisions thereof
and of the statute in such cases made and
provided, /, Allen J. Beaumont, referee. do
hereby give notice to all persons, associations
and corporations of record in and to this adj
judicatlOn, Interested as owners or consumers
of water for Irrigation in said water district
No. II, OF the State of Colorado, that will, ut
the place and during the time hereinafter
attend for the purpose of bearing
and taking testimony aid evidence on behalf
OF the said Andrew McClehnnd In the matter
o. his said petition and claims and matter of
. rights. as the owner of the LINCOLN
DITCH In said water district No. II; and on
behalf Of all tho parties of record to this ad-
Indication. will take further evidence to
supply omissions and correct defects found to
exist in evidence heretofore taken on state
ments. amended statements and amendme nts
show when the water to which all, any and
every of said parties claim ownership and
prIorities was applied to a beneficial use and
the number of acres of land to which said
beneficial appropriations have Dcen actually
made, and also the area of land actually irrf-
gated by water from the respective bitches
and canals, the rights OF which are being ad-
Indicated herein, In the several years between
!. ie date of the construction of any such
d tch or canal, and the taking OF the tesf!l
mony In accordance with this order. Such
hearing will be had and held at my o.Hce,
room 81, Opera House block, In the city Of