The Greeley tribune., 1904-12-08


Herbert Strakcr for chnnra i,
ths point of diversion of m
william Galloway Ditsh No.
One: and ''
In the matter OF the adjudira.
tion of priorities of right to m,
use OF water in Water District
Number Three. Water Division
Number One in the State of
Colorado,
State OF Colorado
County OF Larimer S. In the Di.1.,
No. l77O.
In the matter of the adjudication =,
right to tho use OF water for irr,,a,;apn Sa i, pn
District No. 3 of Water Diyi.ion ~
state of Colorado. 0A NO
Order of the court appoin,;r,
providing for service OF notice n,o. Nv
whose interest shall be affected by Ii, ~
ing: in the matter of the pstition =,
Straker for an order and decree III. \.
change OF point of diversion Of annss
water district. W.
Now on this 27th day of Septenbs,
the same being one of the reprIs. 4
days OF the September term of ,h;s =.
matter coming on to be heard baio,sH
upon the petition of Herbert S,rsi.,
application for an order and decree \.
him to change the point OF diyers,o, y
priation OF The William Galloway NJ
in said Water District Number tIrss
pearinE to the court upon the reaj;sJ
petition that the proceeding is brousI
the provisions Of an act entitled:
An act in relation to the pnn..
changing the point of diversion Of Ii,
use water from streams of the s,ats
and approved March q. 1903
And 1t further appearing to the cou
said petition and said act that itpnyl5
the practice and procedure upon al !
except as therein provided, shall h
As il the petition were for an Original
decree;
And II further appearing 10 the CONT
petition and application comes within
going provisions as being one which
based upon the same procedure a 4
for an original statutory decree; and
1t further appearing to the cOur. "a
petition and the procedure here'oior'
this court respecting the adjudication
tiles of right to the use OF water, tb.
number OF persons, corporations and
tions aud consumers OF water owning
ating bitches and reservoirs for .tor1
poses taking water from the Cache d
| river in said Water District NO. &
l
posed change of the point Of dive,sn
appropriation VI the SAID William !
Ditch No. and the court deening it ID
able and iuexpedient to proceed with
| ter in open court, and further tha, d
in interest may have due and timely
this proceeding aud full oppoEIrui
hoard:
IT is HEREBY ORDERED, tha,
Garbutt, Esq. a member of the Bl1
state aud resident attorney and pn
at the Bar of this court aud who in tb
of the court is discreet person and
qualified to act. is hereby appointed
this court pursuant 10 autboniy
upon the court in virtue of section A0
Annotated Statutes and to act as ret
all the powers conferred by statute n
ter OF this petition aud any other like
which may hereafter be referred to
hear said matters. taking evidence ~
ing the same, togethe, with iindlnl
recommendation for an order and N
entsred. III.
The said referee shall file an ans
his appointment and take the os'h
provided by law; he shall prepare ~
. notice to all persons. corporation
Citations who are the owners OF ditebs
voirs In said Water District NUM-
whose interests will or may b. afSe
pSOC6ouiuk huu hs itluhr" :" ~
Ailt'D Annotated Statutes, IN SAID
shall appoint the time or times az
places suitable and convenient for u
coepor atoms or associations who's
may be affected. to attend for the
hearing and taking evidence touching
poaed change or changes IN the poln'
sion and the said referee shall deter
said evidence whether such change Tol
iousiy affect the vested rights OF 9tes
to the use Of water in said water urI
1T IS FURTHER ORDERED, ths
vice OF notice upon all such PEI sons
tions and associations in SAID wata
shall be made by publication a'oresa,s
the said referee mailing to each petss
alton and association of persons u ".
district No. owning or operating
reservoir and whose interests ma!
by said proceeding. a printed eoH
notice and duly file with the CLERK Oh
due proof that said publication hss
and service by mail matc q the n
and which said proof of publlcat'oh ~
shall be filed with the CLERK Oelpte v
to take any testimony In the ha''e'
petition. - "a.
Done in open court the day and ye
noted:
BY the Court: o,,rr:
State of Colorado In the Di.,nc
County OF LArimer
In the matter of the adjutlca'
tion of priorities OF rights III
Water District No. 3 Of Water
Division No. 1 OF the state ot
Colorado.
Order for consolidation Of petition
Fort Collins with petition OF hefTpe,i; fTn,i;s
The petition of the city OF Fort ia.,s L",
bee, flied herein praying iof 4 ueVoi II
ting said city TO change the polu,ss II
OF water diverted from the laene
river for said city's system OF Wa,ga hs Y
IL appearing to the court upon 'u.
said petition that the proceea',n,ssI
under the provisions OF an act en',,,r e',urs
An act 10 relation to the prHcfa",u t. ,'rb
ing the point of diversion OF tur -
water from the streams OF d tile '''''
aud approved March u, 1870 r., ,rsliuI
Now therefore on motion oi tyDhc Id
Jr., attorney for said petitioner, ~ u uos
Ordered that for tho purPoi5.ci i5.cis.sd
hearing said petition be conSoIiaaao"n6 on III
petition of Herbert Stra krr nov onn on
court, for a decree ALLOWING thr TaiIovd
of diversion of The william ''
No. /. ,Noyemh
Ky the court this Sth day Of No'FA
ia' JAMES E GABRIGuE
In compliance with the iofett"."sv
q npointmeut public notice Is uV''N'