North Park union., 1905-12-01
O r D f R.

This matter coming on to be heard on the duly
verified petition Of w. Miller Mosman and Mar
garet A. Mosman for the adjudication OF the
priorities Of right to the use OF water in Water
District No. Al, in Division No. of the State OF
Colorado, the petitioner appearing by Frank j.
Annis and Fred w. Stow. attorneys for said pc
| titioner, and the Court having carefully exam
ined said petition and heard the statements OF
counsel touching the same, doth find, that there
are large number Of bitches using water for
irrigation in said water district the several
| rights OF which have not bcen adjudicated and
that in order to avoid confusion and uncertainty
| in the distribution OF water in said water dis
| trict, said rights should be determined.
The Court further finds that by reason OF the
| shortness Of tho time allowed for the terms Of
this court and because Of the great number OF
| witnesses required in proceedings Of this char
acte<, il is deemed impracticable and incx-
pedient to hear the evidence in open court.
1T Is THEREFORE ORDERED, that Paul
W. Leo, being discreet person and properly
qualified be and he hereby is appointed referee
OF this court to whom is referred said petition
tho matter Of taking evidence, and reporting the
same, making an abstract and findings of law
and fact upon the same and preparing decree
in said adjudication; il said referee upon max.
ing his findings shall find that any of the prior
which are determined by him, are prior in point
| of time to any of those heretofore determined in
any adjudication OF the prioritics to tho use of
water in said district heretofore had, he shall
re-number the several priorities in said district
so that the numbering will correspond with the
several findings; said referee is not authorized
however, to hear any testimony, nor make any
findings touching any priorities heretofore de-
termined.
IT Is FURTHER ORDERED that all own
OF bitches in said water district, the prior
tiles OF which have not been adjudicated may
file thoir statements with said referee and have
the same determined, irrespective Of the fact, as
to whether not they have Joined petition
ers herein.
That all parties interested may have sufficient
notice Of these proceedings, said referee is di
rccted to cause copy of this order to be pub
lished in tho NORTH PARK UNION weekly news
paper OF general circulation published at the
town OF Walden in the said County Of Larimsr
and State Of Colorado for four successive weeks,
together with notice fixing the time in which
statements of claim for priorities shall be fled
with him. And further that he mail to tho last
known post office address or addresses, as nearly
rs he can determine tho some, of the several
claimants mentioned in the decree OF April 23rd,
| 1902. n copy of this order.
| IT Is FURTHER ORDERED, that the said
referee give notice by publication in said NORTH
PARK UNION four successive weeks OF the time
and place he may tix for taking testimony here
in and that he cause to bo mailed to each OF the
claimants who file statements of claim with him
a copy OF said notice
IT Is FuRrH ERlL-9R DEREn. thut The co,ts
Of These proceedings shall be divided pro rata
among the so,,-a ditch owners submitting
proof in this proceeding
! Done in open Court. November 5. 1901.
(Signed) JAMES f. GARRIGUES, Judge.
Notice is given that on Monday. the I1th day
of December, 1905. tho undersigned Referee will
be in Walden. Colorado. ut which time and
place all persons desiring to take advantage of
| the provisions of nbove order may file their
statements of claims for prioritics to the use of
water in snid district; and testimony will b.
taken in this proceeding said date md from
day to day thereafter for such time ms may be
necessary. not later than the 10Th day Of De-
cember. l915. At the close of the taking OF such
testimony an adjournment will be taken to
Fort Collins. Colorado, to the Sth day of Jan,l-
ary, 1906. at which time Testimony will ngain be
heard in said proceeding in the office Of the un-
| dersigned, and said hearing will continue until
all testimony offered shall have been taken.
PAUL ". LEE, Referee.
First Publication November IL 1905.
| Last Publication December s, 1905.