North Park union., 1901-06-21
State of Colorado
County Of Larin,er
Order

OF The North fark Cuttle Com
papy and others for an addition.
al adjudication OF the prlorlties ! Order
to the use of water in Water
District No. AZ Of Division No. l
of Colorado.
This matter coming on to te heard
upon the duly verified petition of The
North Park Cattle Company, and seven
others for an additional adjudication OF
the priorities to the use of water in
Water District No. AZ OF Diyision No.
of Colorado. The Petitioners appearing
by George W. Bailey and Frank j. An
MS, their attorneys, and the Court hav-
ing carefully examined said petition and
heard the statements of counsel touching
the same, doth find that there IL "A large
number of bitches using water for irri-
CATION in SAID district whose several
rights have not been adjudicatel. That
in order to avoid confusion and uncer-
tainty In the distribution Of water in
said district said rights should be de-
termined. The court further finds that
on account of the shortness Of time al
lowed for the terms of this court, and
the great number OF witnesses required
in proceedings OF this character, it is
impractical and inexpedient to hear the
evidence in open court.
1t is therefore ordered that the Hon
orable Newton C. Garbutt, being dis
Greet person, properly qualified, be and
hereby is appointed n referee of this
court to whom is referred said petition,
the matter of taking evidence and re-
porting the same, making an abstract
and findings of law and fact upon the
same and preparing decree in said ad-
Indication. II said referee upon making
his findings shall hnd that any of the
priorities touching which proof is sub
mitted and which are determined by
him are prior III point of time to any of
those heretofore determined IN any ad-
Indication of priorities to the use of
water in said district heretofore had, he
shall renuniber the several priorities in
| said district so that the numbering will
correspond with the several findings.
Snid referee is not authorized however
to hear any testimony nor make any
findings, touching any priorities hereto
foro determined.
1t is further ordered that all owners
OF bitches in said water district No. AZ,
the priorities of which have not been
ndiudicated, may file their statements
with said referee and have the samo de-
termined irrespective OF the fact as to
whether or not they have joined as Pc
titioners herein.
That all parties interested may have
sufficient notice Of these proceedings,
said referee Is directed to cause q copy
of this order to be published in the North
Park Union, weekly newspaper of
general circulation in said water district
No. AZ, for four successive weeks, to-
gether with notice fixing time in
which statements Of claims for priori-
ties shall be filed with him;
Further. that he mail to the last known
post Office address, as nearly as he can
I determine the same, Of the several
claimants mentioned in the decree of
September 10, 1899, a copy of this order.
1t is further ordered that said referee
give notice by publication in said North
Park Union, for four successive weeks,
of the time and place he may fix for tax
ing testimony herein and that he cause
to be mailed to each of the claimants
who file statements Of appropriations
with him, a copy of said notice;
l. is further ordered that the costs of
this proceeding shall be divided pro rata
among the several ditch owners sub.
mitting proofs in this proceeding.
Done in open court.
CHRISTIAN A. BENNETT,
Judge.
/ In pursuance of the above order, all
persons desiring to take advantage of
its provisions are hereby notified to file
their statements of claims for priorities
to the use of water in said district with
the undersigned Referee at Fort Collins,
Colorado, on or before the 18th day OF
July, 1901 Further
NOTICE
is hereby given that will be In Walden,
Colorado, on the 10th day of July, 1901
at which time and place will commence
the taking of testimony in this proceed
ing and continue the same from day to
day thereafter for such time as may be
necessary, not later than the 31st day OF
July, 1901. NEWTON G. GARBuTr,
Referee.
State of Colorado :.
County of Larimer
In the District Court
In the matter Of the application
of The North Park Cattle Com
pany and others for an addition
al adjudication of the priorities Order
to the use of water in Water
District No. 40 Of Division No.
Of Colorado.
This matter coming on to be heard
upon the duly verified petition of The
North Park Cattle Company and others
for nm additional adjudication of the
priorities to the use Of water in Water
District No. 40 Of Division No. of Colo