The Delta independent., 1910-08-12

Notice of Water Adjudication.
'tatt cotNfH9F Y Of oSFpb9EfRo' bsETk. s.
In VI ThE HEP. PIs1 RIcT COURT oETHE SEVENTH
S0I SC0I;9R SRA sDo, WITHIN AND FOR THE
=, IN n The s- matter Of the adjudication
01 m the Priorities of Water Rights in
Water District Number Forty in the
George E Griffin, Joseph Harvey.
5swis w 5sI. Harvey. sy ,S Pasid kadq X qniPh nf:
oberFfell. Phil obersfell, Joe obers- No. sl'.
feIl, Katie Obergfel. owners of the
yDergieli Water Wheel and bitches:
Joel W Duling, Mary A. Cumming,
owner of the Cumming and Duling
Mheei and Ditch; and Edward E.
campbell, Charles W. Campbell.
Benlamln 'ampbel, owners of the
Campbell Ditch, Petitioners
Whereas, by an order of the District Court of
the seventh Judicial District of the State of
toiorado sitting within and for the county of
Delta the undersigned was appointed referee in
SITE f1TixpE 9f &c M9L1RApo. ~ S. mn, In the
In the matter of the adjudicaiion of
Water Rights in and to Water Dis
| trict Number Forty of said state.
In the Matter of the Application of
addGrge ad;nSio r 1rimni ~ tp ct. a., for the
the Gunnison River. in Water District
No. 4 of the state of Colorado.
On this nineteenth day of March 1903, before
the Court sitting in and for the County of Delta
and State of Colorado, come the above named
petitioners and pre-ent their petition praying
for an adjudication of the rights of the petition
ditche-, canals water rights for irrigation
purposes taking waters from the said Gunnison
River. in Delta County and in w ater District No
~ OF the State of Colorado. and the court being
fully advised in the matter doth order that the
same be 'led In the office of the Jerk of this
and hat sl1t,at bad uxad
| for In the said petition.
And it being deemed impracticable to hear the
evidence touching the rights of petitioners and
other in the petition named in open Court, it
Is further ordered that E. Amsbary be and he
matter to whom is referred the said petition an
all statements of claim to the use of water for
irrigation from the said Gunnison River and its
tributar1es, and that the said Referee shall take
| all evidence in the matter of said petition and
statement of claim file by the several claimants,
and shall consider the same and make an
abstract Of the said evidence and his findings of
fact upon the same and draft a decree thereon
/ and report the same to this Court
| And generally the said Referee shall have all
the powers and perform all the duties required
/ of Referee of said Court by the laws of the
state Of Colorado, regulating the matter of
adJndies uol of water rights and defining the
lutte and powers Of Referees of Courts of
md before entering upon his duties as Referee
and within ten days from the date of this order
/ ne shall hle in the office OF the Clerk of the
/ District ourt his written acceptance of this
| proiutment and his oath of office such
Referee.
| md 1t is further ordered that the said A. E.
Amsbary shall give notice of the said hearing as
| provided in Sections 24lo and 24li of Mills
| Annotated Statutes of Colorado and personal
| service be had all owners found in Delta
County, and that the cost of this action be taxed
to petitioners and those tling statements of claim
| in pursuance of this order
Done in open Court this nineteenth day of
| March, ls1s
iSigned) SPRIee SHAcKLEFoRD. Judge.
| Now. THEREFORE,. l hereby give notice to
all persons associations or corporations inter
| Gated a. owners or consumers of water of the
tiunnison River. natural stream, and it's
Tributaries. in Irrigation District Number Forty
| of the State of Colorado, and within the County
OF Delta. Colorado. that / will attend at the
Court Room of the Court House in the City of
Delta. Colorado, Tuesday, the twenty-third
uf said day. and thereafter until all evidence
-hall be taken. for the purpose of hearing and
tAkjxAg evidence touching the uriority of wafer
rights of the several bitches. canals and re<ervoirs
Its tributaries and do hereby notify all persons
oscillations or corporations interested as owner
| or consumers of water from the said Gunni>on
liver. or its tributaries, to attend by themselves
their agents or attorneys. at the time and place
| AT POINTED herein. and then and there file a
| Statement of claim, in case no statement has
| been heretofore filed in the office of the Clerk of
the District Court of Delta County, aforesaid.
| such statement TO b- under oath and showing the
hitch. canal or reservoir in which the interest l.
claimed. together with the names of the
| owners thereof, and such other particulars a
are prescribed by law; and all other persons
linterested | may then and there present
proofs for or against any priority of right
| party. by or through any such ditch, canal or
| reservoir.
Dated this lIth day Of July. A. d. 1910.
| A. Z. ANsBARY, Referee.