The La Jara chronicle., 1908-02-21
NOTICE.
Notice of Proposed Change
of Points of Diversion;
Proposed Location of
Headgates, Etc.
STATE OF COLORADO. lsS
COUNTY OF CONEJOS, 90

| In the Matter of the Petition of The Con
tinental Trust Company. "A Corporation,
sion of the Iowland .he Diteh p' in' oi Water
District No. q. Irrigation Division No.
g. in said State.
In the Matter of the Petition of The Con-
tinental Trust Company. Corporation.
Trustee. for fixing the points of diver
sion and better defining the application
of water of Overflow Ditch No. /. Mater
District No. p. Irrigation Division NO
3. in said State.
The People of The State of Colorado.
To all Persons, Associations and Corpor-
atoms. interested and owners in any Ditch.
Canal or keseryoir and TO all Sonsuners
q. in the State of Colorado.
GREETING:
You and each of you are hereby notified
that on the second day of December a. ID.
record in the above entitled causes in the
District Court of the County OF Conejos,
and state OF Colorado. and which snid
on this second day of December. \. u.
1907. comes The Continental Trust Com
its petition heretofore filed herein setting
forth that il is the owner as Trustee of the
Lowlund Ditch No. 80 in Water District No.
y. Irrigation Division No. g. That by
adjudication of priorities for said water
district by this Court on the l1th day of
July. \. ~. lssS it was found and adjudged
that said Lowland Ditch was entitled by
Ainmosa River to priority No. 81. cornput-
ed at II.97 cubic feet of water per second of
time; tiat at the time of said decree the
hcadgate of said ditch ON the South
bank of said River in the \. f: Of the n.
E. =, of Section 81 \, Il, 9 L. n. NJ p n. at a
i2jl feet from the 5. +. corner of said sec.
tom that since said decree the channel of
said river above said point. is filled with
sand and earth. SO that it is impossible to
control the discharge OF water by head
gate at that point. but that the same can
be controlled if the point of diversion be
changed 10 point ON the South bank OF
said river in the ;. f. = of the ;. w. = OF
said section. and which point bears y -
degrees 50 minutes ". 3iil feet from the :.
T.. corner OF said section and praying for
an order of this Court permitting such
change to he made
Also at the same time said The Contin-
entail Trust Company presents It's further
and concurrent petition heretofore filed
herein. setting forth that it Is the owner as
Trustee OF the Overflow ditch No. L; said
ditch being numbered "a in said decree
with priority No Il in the aforesaid Water
District and that by, the, adjudication
said the Overflow Ditch No took it's sup
ply of water from the Alamosa River from
flow commencing in the ;. W. 4 of section
80 T. SO y. X. 9 E. \. N. T.: N. general course
miles. and entitled by appropriation to the
use OF water from said kiver by priority
No IL" And by said adjudication ii was
further determined that said Ditch was
entitled to SO much water as would irri-
gate IIsO acres of meadow land with aver
age depth of inches, computed at ii. Gu
bic feet of water per second OF time.
That at the time of said adjndication
and ever since. the said overflow has been
on both sides of the River and that the
channel of said river Is lately much OBJ
structed with deposits OF earth and sand.
by which the even distribution of water
and it's application to much Of PETITIONERS
lanu Il mali MI ~, xoidc and t,,. ,yeu and
economic distribution OF water ehected by
dividing and apportioning the said ~
cubic feet of water into two branch ditChes
as follows: 20 cubic feet thereof TO a south
branch. having the same headgate as the
to flow through said headgate and said
Lowlnnd Ditch, and the remaining " Gu
Of said overflow Ditch No. said North
branch TO have It's headgate at point
in the s F. OF the > >, VI = OF sad aS section
w 3n3 feet from the $ L. corner of said sec
tion said ditch 10 be from thence
another point on the North bank of said
river and thence in north .easterly di-
rection along and with the old channel of
said river y. 40 degreesoi oi minutes East 1913
feet to IA point in the NEA ofthe Ne of said
section 35. from thence continuing in a
the Petitioner to wit: the \. W. = of section
= and the :; VI Il Of section m; 20 ,,st l.; % h
adjudged and decrced that said Overflow
Ditch No. ! be divided into the North
branch an the South branch thereof. and
that water be apportioned and that head
gates be established therefor respectively
as above set forth.
AND the Court. having read and consid-
ed both of said petitions and being now
fully nd vised in the premises doth order
that
Tuesday. the t,venty-fourth day of March
1905 at the hour OF ten O'Clock in the fore
noon of that day at the Court Room Of the
he and the same are hereby appointed as
the time and place Tor commencing to
hear and take evidence. and for the filing
OF any objections to such changes and to
making such orders as may be lawful and
proper, in the rnat'erS ia ALLEGED and pra;yed
lie and hereby are consolidated for the
purpose of notice.
AND the Court further orders that the
Clerk of this Court give public notice of
the time and place so appointed for said
hearings in manner and form in such
cases made and provided by law; that said
notice contain IA copy of this order and be
published once in each week until four
made prior To the day SO set for hearing
in the La Jnra Chronicle; n newspaper
water district land in other papers If de
sired) and that further notice OF said pro
ceeding he given by Petitioner as the law
printed copies of said notice in ten public
places in said Mater district not less than
twenty days before the day so appointed
for hearing as above mentioned.
NOW. therefore. I. /. J. Bradford. Clerk of
the District Court of the County of Cone
los and State of Colorado, do hereby noti-
fy all persons. associations and corpora
tions, who are interested ms owners of any
ditch. canal or reservoir and all cousuni-
erss OF water therefrom in said Water Dis
trict No. 81 in the State of Colorado. to ap-
near ut said I-Ohrt on iucSuny, the slth
day OF March 1905. at the hour OF ten O'clock
in the forenoon OF said day, the time SO ap-
pointed in said order, and FLEA statement
of claim under oath. in case no statement
has been before filed by him. her or them,
showing the ditch. canal or reservoir. or
two or more such in which he, she they
claim an interest, together with the names
of I'll the owners thereof. which statement
uav be made by any OF the owners of such
ditcb canal OF reservoir. for and ON behalf
of all, and show cause why the relief prayed
for in said petitions should not be granted.
and then and there show what right. if
| any, 20 the use OF wnteI VIII be inluriously
of said right to the use of water of said
| I'n,,.In,,d bitch or by fixing the pnints of