The Delta independent., 1910-09-02
sTATE co1ST} 9F Of bRfTa D.tle II 'ss cour

| the above NATTER of which orders the follow
ing are copies. to-wft:
sTATET goGNT} 9F Of bGTa p.tIc, Ii 'hs Court
In the Matter of the
Adjudication of the
| Prioriiies of Wa.er
Rights in Water Dis ORDER No. 7.s
trict Number Forty in
the State of Colorado.
| Herbert X Porter.
Petitioner.
Now on this 6th day of July, A.; D. 1910 comes
Ditch, The Teachout Ditch and The Teachout
his sworn petition in writing moving and pray
| ing this Court to proceed to an adjudication OF
irrigation purposes between the several bitches,
canals and reservoirs in said Water District. and
particularly as to The .everal ditches canals and
that certain stream known as Oak Creek,
natur l stream in said Water District Number
Forty, and In Delta Comfy, and Its tributaries,
| and watersheds
And it now appearing to the Court from the
petition aforesaid that necessity exists for the
adjudication of the priorties of rights to the use
| of water from said stream and that on account
of the large amount of testimony to be taken.
and the time necessarily to be occupied therein.
It will be impracticable and inexpedient to
proceed to hear such evidence in open Court.
And it further appearing that some evidence
has been heret fore taken by Referee, an.
pointed by this Court. touching some OF said
priorities, and is now on file in this Court.
IT Is NOW. THEREFORE, ORDERED that an
adjudication be had as prayed for in said
petition, aud that A: E, Amsbary of Delta.
colorado. be and hereby is appointed Referee
for the purposes of such adjudication. and II is
further ordered that To said Referee be and here
b, is referred the said petition. any Statements
of claim file that may be hereafter
fled the matter of taking testimony and report
ing the same. making an abstract OF ana findings
on the same and also the evidence heretofore
iaken in former proceedings or hearings before
any Referee appointed by this Court In relation
toany oft priorities the use OF water from
said streams or any of them and the preparing
of "A Decree in such adjudication.
IT Is FURTHER ORDERED that said Referee
hle in the office Of the CLERK OF the District
his appointment. and his oath of Office, as such
Referee; that he fix the time or times when. aud
the place or places where he VIII hear evidence
touching the priorities Of rights OF the scNefHl
ditches canals and reservoirs aforesaid, and that
he give notice Of all such hearings. times and
places in all respects required by law.
II Is FURTHER ORDERED that copy of
this order and Notice aforesaid shall be served
on all persons. associations and corporations
taking and using water from said Oak Greek or
it, tributaries or watersheds by publication ia
mRnuer rs required by law. and also by the post
! = of copies OF said Notice at such conspicuous
places and for the time previous to the com
mencement of taking of testimony a Is required
by law.
AND 1T IS FURTHER ORDERED that the
cost of publishing and posting such Notices shall
tn the first instance. be paid by the petitioner.
1T Is FURTHER ORDERED that said Referee
shall report to this Court and file therei the
evidence the abstract thereof. findings thereon.
and draft of decree. not later than thirty days
prior TO the first day Of the February. 1911 Term.
and that all exceptions to said hndings or
DEGREES be filed In this Court not later than ten
days prior to the commencement ofsaid term.
Signed in open Court. and dated at Delta.
Colorado, the day and year hrst above written.
BY the Court:
SPRIoG SHACKLEfORD. Judge o