The Greeley tribune., 1904-12-22

In the matter of the adiudica-
uon of priorities of right to the
use of water in Water District
Number Three. Water Division
Number One in the State OF
Colorado,
nnty .,e %, of ar 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. | IN the
state of Colorado.
Order of the court appointing referee and
providing for service of notice upon all arties
whose interest shall be atfected by this proceed
ing; in the matter of tho p-tition of Herbert
Straker for IN order and decree allowing the
change of point of diversion of appropriation
of The William Galloway Ditch No. l in said
water district.
Now on this 9th day of September A. ID. 1904
the same being ono of the regular iuridicial
days of the September term OF this court. this
matter coming on to be heard before the court
upon the petition of Herbert Strnker and his
application for an order and decree permitting
him to change the point Of diversion and appro..
in said Water District Number three and it an
pearing to the court upon the-Ieadine of said
petition that the proceeding is brought under
the provisions of an act entitled:
An act in relation to the procedure in
changing the point of diversion of the right to
use water from streams of the state. Passed
and approved March ~, 1903
And it further appearing to the court from
said petition and said act that it provides that
the practice and procedure upon ali petitions
except as 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 as being one which shall be
based upon the same procedure us employed
for an original statutory decree; and
1t further appearing to the court from said
petition and the procedure heretofore had in
this court respecting the adjudication of prior
lties "f right to the use of water, that large
number OF persons, corporations and associa-
AMI of nd
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 the point of diversion of the
appropriation of the SAID William Galloway
Ditch No. and the court dceming II impractic-
able and inexpedient ~ proceed with said mat
ter in open court, and further that all parties
this proceeding and full opportunity to be
III is HEREBY ORDERED, that Horace /.
Garbutt ESD, member of the Bar of this
state and Il resident attorney and practitioner
at the Bar of this court and who, in the opinion
OF tho court is discreet person and properly
qualified to act, is hereby appointed referee OF
tins court pursuant to authority conferred
upon the court in virtue of Section 2i09 of Mills
Annotated Statutes and to act as referee with
all the powers conferred by statute in tho mat
ter OF this petition and any other like petitions
which may hereafter be referred to hin, and
hear said matters. taking evidence and report.
ing the same, together with findings and
recommendation FOR AN order aud decree to be
entered.
The said referee shall file an acceptance of
his appointment aud take the oath OF office as
provided by law; he shall prepare and publish
hotice to all persons, corporations and
ciations who are the owners of bitches rescr-.
voirs in said Water District Number three
whose interests will or may be affected by snid
Proceeding and ms required in section 2Il0 of
Mlis Annotated Statutes; in said notice he
shall appoint the time or times and place or
places suitable and convenient for all persons.
corporttions or associations whose interests
may be affected. to attend for the purpose of
/ n t.,,,l "A
posed chnnge or changes III the point OF diver
sion and tina said refcree shall determine from
said evidcncc whether such change would injur.
iuusly Affect the vested rights of others in and
to the USE of watcr in said water di trict No 3.
IT Is FURTHER ORDERED, TINT the SER
vice of notice upon all such persons. CORPORA
tions and associations In SAID water district
shhH be mace by publication aforesaid, and by
the SAM role ree mailing to each person, corpor-
niion and association OF persons IN SAID water
district No. y owning or operating ditch
reservoir and whose interests may bn Affected
by said protoedlng, printed copy of snid
notice and duly hle wtl the clerk of this court
que proof thnt said publication has benh made
and service by mail made as the law directs,
hnd which snid proof OF publication and service
shail be hled with the cork before procneding
To take any testimony In the mattcr OF suid
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