The Delta independent., 1910-08-12
Notice of Water Adjudication.
STATE OF COLORADO, In the
COUNTY OF DELTA {ss District cour

In the Matter of the
Adjudication o f the
Priorities of Water
Rights in Water Dis l [
trict Number Forty in PETITION FOR
the State OF Colorado, ADJUDICATION.
Herbert X Porter.
Petitioner.
Whereas by orders of the District Court of
Colorado, sitting within and for the county 81
Delta, the undersigned was appointed referee in
the above matter, of which orders the follow
ing are copies, to-wit:
STATE OF COLOR ,DO,, In the
COUNTY OF DEL Ia. 49, District Court.
In the Matter of the
Al djudication of the
Rights in Water Dis ORDER So ,m
trict Number Forty in o"DI" ~ ~
| the State of Colorado
Herbert X Por'er
Petitioner
Now on this 9Th day of July, A. D. 1910. comes
| Herbert Porter. owner Of The Oak Valley
Ditch, The Teachout Ditch and The Teachoat
Ditch Number Two. AMI pre- ents to the court
his sworn petition in writing moving and pray
| ing this Court to proceed to an adjudication of
the priorities OF rights to the use of Tster for
canals and reservoirs in said Water District. and
particularly as to the several bitches. canals and
that certain stream known pp,s as Oak Creek I
natur l.trenm in said Water District Number
Forty, and in Delta Comfy, and its tributaries.
and watersheds.
And 1t now appearing to the Court from the
petition aforesaid that necessity exists for the
adjudication of the priorites 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,
1t will be impracficable 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. ap-
pointed by this Court, touching some of said
priorities. and is now on file in this Court.
1T Is NOW. THEREFoKE. ORDERED that an
adjudication be had prayed for in said
petition, and that A. e. Ansbary Of Delta.
tsl.rsdo, be and hereby is appointed Referee
further ordered that to said Referee be and here
b. is referred the said petition. any statements
Of claim now on file or tina. may be hereafter
| fled the matter Of taking testimony and report
| ing the same, making an abstract of and findings
| on the same. and also the evidence heretofore
any Eeferee appointed by this Conrt in relation
to any OF the priorites., the use Of water from
| said streams or any of them and the preparing
ofa Decree.in such adjudication.
| IT Is FURTHER ORDERED that said Referee
file in the Office Of the clerk of The District
| his appointment. and his oath Of office. as such
Referee that he fix the time times when. and
the place or places where he viii hear evidence
touching the priorities OF rights of the several
ditches canals and reservoirs aforesaid, and that
he give notice of all such hearings. times and
places in all respects as required by law.
| IT Is FURTHER ORDERED that a copy of
this Order and Notice aforesaid shall be served
usnr wssr ssd and
Its tributaries or watersheds by publication in
manner as required by law, and also by the post
places and for the time previous to the COM
mencement Of taking of testimony as is required
by law.
AND IT IS FURTHER ORDERED that the
cost of publishing and posting such Notices shall
| tn the first instance be paid by the petitioner
IT is FURTHER ORDERED that said Referee
shall report to this Court and file therein the
evidence. the abstract thereof. findings thereon,
and draft TO OF decree. not later than thirty days
and that all exceptions to said findings 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 frst above written
BY the Court:
SPRIGG sHAt'KLEFoRD, Judge
COUNTY OF DELTA SS' District Court.
In the Matter Of thel
Adjudication OF Pri-
i oriifes to the use of
water for irrigation
purposes on Oak Creek NO 760.
and Dirty Georgel
Creek in Water DIS
trict No 90. In the
state Of Colorado
fore the Honorable Sprigg Bhackeford. Judge OF
said Court, In vacation at his chambers IN the
City Of Gunnis0n. County Of Gunnison and state
Reservoir Company. petitioner and present. a.,1
their petition praying for an adjudication of he
rights Of petitioner. and all other owners OF and
or water rights therein. taking water from The
natural streams. known as OAK Creek. and
Dirty Geoage Creek. and the tributaries thereof
in Water District No. 10 In said State OF Colorado
And the said petition being read and con-
the rame he filed In the ofice Of the CIcik of lie
District Court in aud for said County of Delta in
the state OF Colorado.