Rocky Ford enterprise., 1894-09-27

Judge, made an orderas follows, to-wit:
STATE OF COLORADO, lss
COUNTY OF PUEBLO.
In THE DISTRICT COURT OF THE TENTH
JUDICIAL DISTRICT WITHIN AND FOR THE
COUNTY OF PUEBLO IN THE STATE Arokk-
SAID.
In THE MATTER OF THE ApJuDIcATIoN)
OF pRIonrTIIEs OF WATER RIGHTS
IN DISTRICT NO. IA.
ORDER.
And now on this 9th day of May. A. D. 1904,
this matter coming on regularly for hearing
in open court, upon the petition OF Andrew
McGlelund filed herein, who makes applica-
of SAID court that he be made party to this
adjudication, and that said cause be reopened
tered herein be annulled; that there be .
readjudication and the entering Of Anal
said Andrew McClelland. but as well on be-
half of NIL the Other parties OF record in said
6arein, both on his and their behalf, as BY
statutes in such case made and provided; and
the same being taken up; heard. considefed s.i req
Judge OF said court that the ends Of Justice
would be promoted thereby, that said applt
date OF entering the decree In said cause, and
that good cause Is shown for such review, and
r tered herein, on May sth. A. b. iSss, is lmper-
feet. Insufficient and improper IN many
decree in said Cause; that ali the testimony
heretofore offered in the matter of adjudica-
tion of water rights is 81 insmmaiept, ln ANNA IN many ~
enable the court to properly modify said de-
cree, or to enter any other jgst, t., decree &c con- G
Constitution of the State of Colorado relative
TO irrigation. And the court further fnding
ense nee n viii Sef rst % be necessary that further
and additional evidence should be taken in
.nsri ns , fnrther tindng that it IS Wholly imprao.
ticablc, incxpedient and impossible 10 proceed
to hear such evidence. or any evidence. in
'aSH Now. s therefore. it is hereby ordered, ad-
Judged and decreea that az inc s statements ain
report and decree of the former referee
herein. VIZ. Allen Bcaumont. and the said
are re-referred to the said Allen j. Beau-
mont the being in the opinion OF the
Serrb Sercbv u appointed and Constituted referee
herein. and who. upon Qualifying as such
act as such referee, upon notice of such pro-
ceedinss so far as appSabeG ~ Gs as provided Pc by
sedde5ai of M Of the
State of Colorado, and such other notice and
service rs by statute In such case made and
provided, and that thereupOn he proceed,
Between the dates hereinafter named. to take
ali the testimony and evidence offered, both
the matter Of his said petition and claims and
matter of his rights: as the owner OF the
Water from the Fontaine Qui Bouille in said
WATER DISTRICT No. u; and on behalf Of
Further evidence. to supply omissions and
correct defects and inaccuracies found TO ex-
ist In the proofs and evidence taken a. be,0re
ments OF claim already filed, and also to hear
and take evidence on amended STATEMENTS,
filed, and especially Is said referee Instructed
to take evidence on behalf of all said parties,
showing when the water, to which tho said
applied to a beneficial use and the number Of
acres of land to which such beneficial appro-
priaIions have been actually made. and also
showing the area of land irrt4 ed BY water
carried in the bitches. the rightsof which are
bai ipp nd M n,
between the date of the construction of any
such ditch and the taking OF ting tesnmony sfi IN
after taking all the evidence that may ho
offered herein for the Pnrpose afSrsssia 1 ss shall
an abstract of findings upon all tho evidence
in the matter of said adJudi,ation Including
report aud decree in accordnpcc Herewith,
decree. with his report and all evidence taken
and tile evidence heretofore taken IN tho
evidence is hereby referred and submitted to
said refereel. us well as the abstract of nnd-
and al other s, ana & tnSs r, sna a
with the clerk thereof on or before the 18th
Guy of December. A. ID. 1894, subject to ratifi-
It is hereby further ordered by tho court
that on November list. 1851 the said referee
aforesaid evidence, and shall continue such
hearing from day TO day until the yth day Of
must be closed and completed.
II is hereby further ordered. adjudged and
deereed that the abstract of findings, report
and decree of said former referee. together
with the order and decree OF court based
thereon and bearing date May 9th. a; D. 1852;
shall stand, so far as they may be valid, until
a decree shall be entered in the present pro-
ceedlngs, when they shall be; and they are
aside. and shall thereafter be held for naught.
Providing, however, that the dates OF pri-
n ton Of " Water by original constrncticn. Shall.
be as fixed In former decree, except as to said
o,"d IN. And the e former % testimony taken herein
shall be considered in making new decree
sSe asssa snS
land be, and is hereby, made party to this
for all tine rnc S,s
the owner Of the said The Lincoln ditch.
Andrew Mcciellahd shall pay the coe, Of
making the SERVICE required by section s:t9.
ten days from the time Of the first publica-
tion by the clerk.
good cause shown, to extend the time for the
taking Of said testimony or the doing OF any
other acts herein REQUIRED % to De donGI d.to er..
hercinabovc written. J. &. .ELWELL.lsEAL.l
Now, THEREFORE,. by virtue of the said
order, and pursuant to the provisions thereof
and of the statute in such cases made and
provided, !, Allen ]. Beaumont, referee, do
hereby give notice to all persons, associations
and corporations of record in and TO this ad-
Of water for Irrigation in said water. district
No. II. of the State of Colorado that Will, ut
tho place and during the time hereinafter
designated, attend for the purpose of hearing
and taking testimony and evidence on behalf
of tile said Andrew McClellal& In the matter
of his said petition and claims and matter OF
his rights, AS tho owner of the LINCOLN
DITCH In said water district No ~; and on
behalf of all the parties of record to this ad-
Indication. will take further evidence to
supply omissions and correct defects found to
exist in evidence heretofore taken OIL state
ments, amended statements and amendme nts
to statements already fled. particularly to
show when the water to which all, any and
every of said parties claim ownership and
proritIes was applied to n beneficial use, and
tho number of acres of land to which said
beneficial appropriations have been uctuallN
made. and also the area of land actually u
gated by water from the respective dkenes
and canals, the rights of which arc bGl9k ad-
Indicated herein, in the several yea l1fbetween
the date of the construction o6C0ny such
ditch canal. and the taklpg~6f the testi-
mony in accordance with THIS order. Such
hearing will be had and y1Ield at my Ofhce.
room 81. Opern House block. In the city of
Pueblo. county of Pueblo and State Of Colo
rndo, beginning on Thursday the first day OF
November A. ID. 1894, and will be continued
from day to day until and including the :0th
day of November. A. d. 1891, hy which last
date all evidence must be closed and CONF
plcted
And do hereby notify all persons. associa-
tions and corporations SO of record In and to
this adjudication. interested ms owners or