The indicator., 1904-07-09

| scnted to the uudcrsg gned judge OF the above
| entitled Court at his Chambcrs In Canon
| CITY, Fremont County, and state of Colo.
| RADIO, It's verified petition In the above en-
titled matter allcgings
That IL Is the owner Of an interest amount
ing TO ,i's OF one a. cubic foot of water per
second of time of the. water heretofore de
creed by the tuur. In this cause to The Ten
assoc Ditch, being Ditch No In the decree
and also,
That petitioner is the owner OF The Bcssu-
mor Ditch, the head-Euto OF which Is located
In the county OF Pueblo, In SAID state, ON the
south Side of the Arkansas River in the.
Northwest y of Section 80, Township 70,
Range 90. at "a point whence the Joint corner
Of sections .. -. ~ ami - in said Township
and Range bears Sorth 81 degrees 10 minutes
West 2tiJ feet and used for irrigation of
lands lying hereunder. and.
Alleging also, that that part Of the water
heretofore decrccd to tine said Tcnassre
Ditch aud now owucd by the said petitioner
can be carried through the south Arkansas
River to the Arkansas River and by that
stream to the petitioners Ditch without any
loss except evaporation. and that the diver.
sion thereof can be changed from the head
gate OF The Tcnussce Ditch to the peti-
toners Ditch without any injury resulting
to other users of water. and that such change
will not in any manner iujurluusly affect the
vested rights OF Others In and TO the use of
water when IA proper deduction for cvhpor-
alton has been allowed, and
fraying that an order be made permitting
the petitioner to submit To the Court in aid
cause proof that such change Will not iniu-
rlOusly affect the vested rights of others and
proof and that the character, method and
period of notice to other users of water be
fixed In said order.
And the undersigned Judge having con-
sidcrcd said petition, IL is now by him
ordered that petitioner may file said petition
and that the petitioner have leave to submit
proof as to whether such change viii inJuri-
Ousiy affect the vested rights OF others in
and to the use of water In open Court on
Monday the 18th day of July. A. D.. 1904, at
10 o'clock "a, IN. OF said day soon there
after as such cause can be heard at which
time and place all persons adversely Inter
csted who shall desire to do may he
present and submit evidence to the Court
touching said application.
Publication OF copy OF this order once Il
week in four "a consecutive weekly issues
prior TO the said 18th day of July. \. u. 1904
OF weekly newspaper published In said
Chafrco County. and another weekly news
In another weekly newspaper published in
Fremont County. Colorado. together with
service of a copy hereof personally upon
each person who is entitled thereto under
the statutes of the state of Colorado. rclat
ing to the procedure IN changing the point of
diversion of the right to use water from the
streams OF tine state by delivering copy
hereof to such person not less than ten days
before said date of hearing. If by due dill
gencc such pc son can be found in the
County of his residence, shall be good and
sufficient notice to any and all persons. and
corporations who desire to contest said appli-
cation.
Done at Chambers In Canon city, Colo
NJ. 5. BAILEY.
June 25-July IL, Oi Judge District Court.