Rocky Ford enterprise., 1894-10-18


~ of priorities Of water rights in District
No. IA. Upon petition OF Andrew Ncclelland
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 as follows. to-wit:
STATE OF COLORADO, lao
COUNTY or PUEBLO. Do
In THE DIsrRIcr COURr OF THR TENTH
JUDicIAL DIsTs,GT ylfr1s Tss SrD ros % Tas
q e nIsSs;a4 ssISs5silss =, q, x ~1TEs sidz2s
ORDER.
And now on this 9th day Of Nay; A. D. lseA,
this matter coming on regularly for bearing
IL eS fne o. appen
Of said court that he be made a party to this
for review; that the decree. heretofore en-
tered herein bo annulled; that there be
and vsid decree herein, not only on behalf of
said Andrew McClslland. but ss well on be.
o. II as Hhs1 %
herein, both on his and their behalf as By
statutes in such case made and provided; and
and fully understood. and i appearing 70 the
Judge OF said court that the ends OF justice
cation is made within two years from the
date Of entering the dccree In said cause. and
sssss sss spqrs hsrein Nay i@pe1
sad ossh. ans 70 a. the
decree in said cause; that III me =, tesSnimaony Siay
hset ton Of wster % tights is insufhsient, in many
instances to support the presendf, d,sI decree GRE or Or
or 10 sner 40 otssr
formable to the true intent Of the laws and
of sns STATE OF SriSs, nss
cree. il Win nrst 6e neeesssIYy that further
the matter Of such sdjudication; and the
court further finding that 1t is Wholly imprac-
TO hear such evidence, or any evidence, In
said matter in open court;
Judged s ana aecreed. that al the statsMs,fts
Of claim on fe herein the S distract Of nhdings.
Snd ase asd the sns
arc. arc re-referrcd to the said Allen J. Beau
court discreet and qualified person), who is
hereby appointed and constitnted referee
lsferee as anf By law plovdsd shall proceed 70
act as such referee, upon notice Of such pro-
sr s No. aas sS
and 2,4l Of Mills Annotated Statutes Of the
Of IN mss and
provided, and that thereupon he proceed.
between the dates heseinafter named. 70 tske
on behalf OF the said Andrew McCieiiand In
the matter Of his said petition and claims and
assl9 Hass9 from The Fehssins Out Boaiil. il s.ia
All she parties to this aajndiSasion io tafs
further evidence. 70 supply Omissions and
ist in the proofs and evidence taken before
the former referee in said matter, on state.
9i claim already nsa sns :ss TO sesr
or amendments TO- statements heretofore
Med and especially Z saia 1sfsTee w % iast.aeted
showing when the water. to which tho said
parties claim ownership and priorities. was
sptes Of lana 70 Which sue such appro
priarions have been aot9aily made. and also
f Carried in the ditoSes. the rights Of vhloh arc
being adjudicated herein. in the several years
the date 9f The % ,ss OF
aeoordance With this A order; and % said referee.
pgeose pgpoee tSe % same to ths oous and shall naie
an abstract Of findings upon al the evidence
the testimony and evidence on behalf Of tho
said Andrew Mcclellan nd. and shall prepare
together with his findings herein, which said
decree, with bis report and all evidence taken
and the evidence s;tsa6 hssstofo,e taken In tho
said referee). MS we'll as the abstract Of find
TO him. be shall return to this court and ale
with tho clerk thereof on or before the 18TH
day of December. A. ID. 1884, subject to ratih-
cation and hearing in said court.
It is hereby further ordered by the court
shall begin the hearing and taking Of tho
aforesaid evidence. and shall continue such
Ton aay n dSy OF
1t is hereby further ordered: adJudged and
and decree Of said former referee, together
with the order and decree Of court based
se.ns 80 as they valid uns
u decree shall be entered in the present pro-
nsp hsy bs s
aside. and shall thereafter be held for naught.
pEovldinE M ho.eveI that the dates Of PEi-
be rs tlxed in former decree, except Us 70 said
shall be considered in making new decree
BY tie cours sss he ssd zndrsn MeCs
land be, and is hereby, made a party to this
4. as rn
g sss HS
Andrew McClella6d shall pay the cost of
ns :ssSss Ry .sson
ten ten days E 81 from % The time OF the nrst publica-
good cause shown, to extend the time for the
taking Of said testimony Or the doing Of any
OtueF hCt9 uefeln required 10 Dc 0One.
Done In open court the day and date first
hereinabove written. J. G. ELWELL. EsEAL.1
Judge.
Now. rHEREroRE. ny virtue Of the said
order, and pursuant to the provisions thereof
and Of the statute in such cases msde and
provided. !, Allen J. Beaumont, referee, do
hereby give notice to all persons, associations
and corporations of record in and to this I'D.
judicatiCn. interested as owners or consuyners
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
designated. attend for the purpose Of bearing
and taking testimony and evidence on behalf
of tho said Andrew McCleland in the matter
of bis snid petition nnd claims and matter of
his rights, the owner OF the LINCOLN
DITCH In said water district No II; and on
behalf Of all the parties Of record to this ad-
JudicatIon, l will take further evidence to
supply Omies esons and correct defects found 70
exist in evidence heretofore taken on state
ments, amended statements and amendme nts
to statements already nled, particularly to
show when the water to which all. any and
every Of said parties claim ownership and
prioritles was applied to a beneficial use. and
the number Of acres Of land to which said
beneficial appropriations have been actually
made. and also the area OF land actually irri-
gated by water from tho respective ditcheA
and canals the rights Of which arc being I'D.
Indicated herein, In the several years between
the date Of the construction Of any such
ditch or canal, and the taking Of tho testi.
mony in accordance with this order. such
bearing will be had and held Mt my once,
-r,<,v,, Ki nrscrn HOg1aa hlOCk n tho cif - ~