The Greeley tribune., 1904-12-15

Herbert Straker for change in
tn, point of diversion OF The
William Galloway Ditch No.
One: and
In the matter of the adiudica-
tion of priorities of right to the
use of water in Water District
Number Three. Water Division
Number Que in the State of
Colorado,
Sonnty W of iarmay ss In the District Court
No. ITO.
In the matter of the adjudication of priority of
right TO the use of water for irrigation in Water
District No. OF Water Division No. IN the
state of Colorado.
Order of the court appointing referee and
providing for service of notice upon all artes
whose interest shall be affected BY this proceed
Straker for order and decree allowing the
change of point of diversion Of appropriation
of The William Galloway Ditch No. in said
water district
Now on this eth day of September A. ID. 1904
the same being one of the regular juridicial
days of the Septem ber term of this court, this
matter coming on to be heard before the court.
upon the petition OF Herbert Straker and his
application for an oder and decree permitting
him to change the point OF diversion and appEo-
priation of The William Galloway Ditch No.
in said Water District Number three and it APP
pearin2 to the court upon the reading of said
petition that the proceeding is brought under
the provisions of an act entitled:
act M IN relation % t" the pT3seednIe IN
use water from streams of the state Passed
and approved March u, 1903
And II further appearing to the court from
said petition and said act that it provides that
the practice and procedure upon all petitions
except ; therein provided. shall be the same
as If the petition were for an original statutory
decree;
And It further appearing to the court that the
petition and application comes within the fore
going provisions being which shall De
based upon the same procedure as en- poyed
for an Original statutory decree; and
II further appearing to tho court from said
petition and the proceedure heretofore had in
this court respecting tie adjudication of prior
lt,s- of right to the use of water, that a large
number of PERSONS corporations and assoria-
tions aud consumers OF water owning and oper-
ating bitches and reservoirs for storage pur-
poses taking water from the Cache la Pcudre
river in said Water District No. 3. will have
their rights more or less affected by said pro-
posed Change of the point Of diversion of the
appropriation of the SAID William Galloway
Ditch No. and the court deeming it mpractic-
ter in open court and further that all parties
in interest may have due and timely notice OF
this proceeding and full opportunity to be
1T is HEREBY ORDERED. that Horace l.
tiarbutt. ESQ. a member Of the Bar of this
state and resident attorney and practitioner
at the Bar of this court and who, in the opinion
of the court is discreet person and properly
qualified to act, is hereby appointed referee OF
this court pursuant to authority conferred
upon the court i'll virtue of Section 2i09 of Mills
anI1ta,ed , statutes and to to, as. as referee with
ter OF this petition and auy other like petitions
which may hereafter be referrel to him and
ing the same, together with findings and a
recommendation for an order and decree to be
entered.
The said referee shall file an acceptance Of
his appointment and take the oath OF Office as
provided by law; he shall prepare and publish
a notice to all persons, corporations and asso.
Citations who are the owners of bitches reser
voirs i'll said Water District Number three
whose interests will may be affected by said
proceeding and required in section 24lO of
Mills Annotated Statutes; in said notice he
shall appoin. the time or times and place or
places suitable and convenient for all persons,
corporations or associations whose interests
may be affected to attend for the purpose of
hearing aud taking evidence touching said pro-
posed change or changes in the point Of diver
sion and the aid referee shall determine from
said evidence whether such change would injur-
tously affect the vested rights of others in and
to the use of water in said water di trict No. 8.
1T IS FURTHER ORDERED, that the SER
vice of notice upon ali such persons, corpora.
tions and associations in said water district
shall be made by publication aforesaid, and by
the said referee mailing to each person, cOrpor-
alton and association of persons in said water
reservoir and W hose interests may be affected
~ said proceeding, q printed copy Of said
notice and duly file with the clerk OF this court
due proof that said publication has been made
and service by mail made the law directs,
and which said prOsf Of pu blication and service
shall be filed with the clerk before proceeding
TO take any testimony In the matter Of said
petition.