The Springfield herald., 1909-02-26
STATE OF COLORADO, 90

COUNTY OF BENT. o.
In the District Court of the Third .Iu
dicial District, sitting within and
for Bent county, Colorado.
In the matter of the ajudication of
priorities of the right to the use of
water for domestic and irrigation
purposes in Water District No. 81,
in the State of Colorado.
NOTICE
The People of the State of Colorado,
To all persons, associations or cor
porations Interested in the matter of
the ajudication of. priorities of right
to the use of water in District No. 81,
in the State of Colorado, Greeting:
You and each of you are hereby no.
titled that in the above entitled matter
the following proceedings have been
had upon the petition of the Phillips
Investment Company, viz:
This matter coming on for hearing
before the undersigned, Judge of the
said Court, at Chambers, in Trinidad,
Colorado, on this November 18th, A.
D. 1908, upon the application of the
Petitioner herein for the ajudeation of
priorities of right to the use of water
for domestic and irrigation purposes
| pSlWCCH IHS SSNCIdl ulISHSS,
and reservoirs, and the owners of
water rights in Water District No. 81;
and it appearing to the said Judge that
the application of the Petitioner herein
is proper and should be granted; and it
further appearing to the said Judge
that it is impracticable and inexpedent
to proceed to hear the evidence in open
Court:
1t is therefore, ordered, by the said
Judge that the prayer of said petition
be and the same is hereby granted,
and that E: J.: Braund, of Trinidad, in
the State of Colorado, be and he is
hereby appointed as Referee herein,
with directions to qualify according to
| the Statute in such case made and pro-
vided, and to take the testimony which
may be submitted for or against the
Petitioner, as aforesaid, reporting the
same with his findings of fact thereon,
and suggested decree to the Court as
promptly as may be.
HENRY HUNTER, Judge.
STATE OF COLORADO,
COUNTY OF BENT. %
|, Frank Kreybill, Clerk of the Dis
trict Court, in and for Bent county,
State of Colorado, do hereby certify
the above and foregoing to be true,
perfect and complete copy of an order
made by the Judge of said Court, at
Chambers, at Trinidad, State of Col
orado, in the matter of the adjudication
of priorities to the right of the use of
water for domestic and irrigation pur-
poses in Water District No. 81, then
pending in said Court.
In witness whereof, have hereu.nto
set my hand and affixed the seal of
said Court in Las Animas, Colorado,
this tho 1Dth lo1y of Eahr,I,,V a
| d. 1909.
| [sEAL1 FRANK KREYBILL,
Clerk of the District Court.
l, E. j. Braund, having taken the
oath of office, as required by law in
such cases, as Referee under the order
of the Court, aforesaid, do hereby give
notice that at 10 O'Clock a. M. on the
10Th day, of March, A. d. 1909, at the
County of Prowers, State of Colorado,
will hear and take evidence touching
the priority of right of the several
bitches, canals and reservoirs in said
Water District No. Ct, in the State of
Colorado, which hearing will be con-
tinued and adjourned from day to day
and from time to time at said place of
hearing hereinbefore designated or at
such other place as may be designated
at any of such hearings until the same
is completed.
sociations and corporations interested
as owners of canals, bitches and reser-
voirs, or as consumers of water in
said. Water District No. 67, to attend
By themselves, their agents or attor-
neys at the time and place herein ap-
pointed and to file a statement of
claim, Under oath, if no such statement
has been previously filed with the
Clerk of the District Court of Bent
county. aforesaid, by him, her or them,
showing. the ditch, canal or reservoir,
in which he, she or they claim an in
terest. together with the names of all
the owners thereof, and their post of
flee address or addresses, which state
ment may be made by anyone of the
owners of said ditch, canal or reservoir
in behalf of all the owners thereof, and
all persons Interested as owners or con-
sumers of water, as aforesaid, may at
the time and place sforesaid present
his, her or their proofs for or against
any priority of right to the use of
water by appropriation sought to be
shown by any party by or through any
such ditch, canal or reservoir.
Evidence to be taken at the hearing,
notice of which is hereby given, includ-
ing statements and proofs, will be up
on the following points, to-wit The
name and Names, together with the
post Office address or addresses. of the
claimant or claimants, claiming owner
ship of any ditch, canal or reservoir;
the name of any such ditch, canal or
reservoir; the description of any such
ditch, canal or reservoir as to location
of headgate, the general course of any
such ditch or canal, or the location by
proper description of any such reser-
voir; the name of the stream or the
source from which the supply of water
is taken; the length, width, grade and
depth of any such ditch or canal, as
near as may be; and the dimensions of
the storage capacity of any such res
ervoir as near as may be; the time, fix
ing day, month and year, as the date
of the appropriation of water by orig
inal construction or by the enlarge
ment and extension Of any such ditch,
canal or reservoir; and the amount of
water claimed by or under such, con-
struction, enlargement or extension
and the present capacity of the ditch,
canal or reservoir, together with the
number of acres of land living under