The Greeley tribune., 1904-12-29
DEFEREE'S NOTICE.

ln the matter OF the petition of
Herbert Straker for change in
tho point OF diversion OF The
William Galloway Ditsh No.
In the matter Of the adjudica-
tiOn of priOritiee OF right to the
use OF water in Water District
Number Three. Water Division
Number One in the State Of
Colorado.
ae,S OF Of apimsp IS, 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. 3 of Water Division No. 1 in the
Order OF the court appointing referee and
providing for service Of notice upon all uarties
whose interest shall be affected BY this proceed
s.s.ks1 for for an order and nd dscrss showing To- the
Of The Wiiii.m Galloway Ditch No. No. in said
Now on this 9th day Of September A. d. 1901.
tho same being ono OF the regular juridicial
mater coming on to Se Seard II beio.e . the court @
upon the petition Of Herbert Straker and his
application for an order and decree permitting
pfiation OF The William Galloway Ditch No.
in said Water District Number three aud 1t ap-
pearing TO tho court upon the reading Of said
the provisions OF an act entitled:
AN act in relation to tho procedure in
use water from streams Of the state" Passed
and approved March ~. 1903.
And it further appearing to the court from
said petition aud said act that 1t provides that
the practice and procedure upon ali petitions
except as therein provided. shall b. the same
a. il the petition were for an original statutory
And 1T further appearing to the court that tho
petition and application comes within the fore
based upon the same procedure as enp'oye ed
for an origina. statutory decree; and
' ID
tiles Of right to the use OF water. that large
tions and consumers of water owning and Oper-
ating bitches and reservoirs for storage pur.
poses taking water from the Cache la poudre
river in said Water District No. 3. will have
their rights more or less affected by said pro-
posed change of tho point Of diversion Of the
Ditch No. and the court deeming it impractic-
tor in open court, and further that all partis.
this proceeding and full opportunity to be
1T is HEREBY ORDERED, that Horace I.
state and a resident attorney and practitioner
at tho Bar Of this court and who, in the opinion
qualified to act. is hereby appointed referee of
this court pursuant to authority conferred
upon the court in virtue OF Section 2aos of Mills
Annotatei statutes and to act ns referee with
all the powers conferred by statute in the mat
ter of this petition and any other like petitions
which may hereafter be referrei to hin, and
hear said matters. taking evidence aud report.
ing the same, together with findings and "a
recommendation for an order and decree to bc
entered.
The said referee shall file an acceptance OF
his appointment and take the oath OF o.fice an
provided by law; he shall prepare and pu bish
a notice to all persons, corporations aud
Citations who are the owners Of bitches rcser-
vOirs in said Water District Number three
whose interests will or may be affected by said
proceeding and Rs required in section 2tiO of
Muvs Annotated Statutes; in snid notice he
shall appoint the time or times and place or
places suitable and convenient for all porsons
c"rporations or associations whose interests
may be affected. to attend for tho purpose OF
hearing and taking evidence touching said pro-
posed change or changes IN the point OF diver
sion and the said referee shall determine from
iousy affect the vested rights OF others in and
to tho use of water in said winter di. trict No. B.
IT Is FURTHER ORDERED, that the ser
vice OF notice upon all such persons, cOrpOra-
tions and associations in said water district
shall be made by publication aforesaid, and By
the said refcree mailing to each person, corpOr-
alton and association Of persons in said water
district No. owning or operating u ditch or
reservoir and whose interests may be affected
oy SAID proceeding. printed copy Of said
notice and duly file with the clerk Of this court
sue prooi that said publication has been made
and service by mail made ~ the Law Directs,
and which said pfOOf OF publicRti0 and sorvioo
shall bo Aled with the clesk before procseding
~ take any tcstisnouy In tho matter Of said
potittOn.