The Delta independent., 1910-08-26
Notice of Wafer adjudication.
STATE OF COLORADO
COL NTY OF DELTA. -
Iu the
District Court,

OF CoLORA o., In
COZ NTY OF DELTA. Sss District Court.
In the Matter of the
Adjudication o f the
prinr1tes of Water
Rights in Water lis
trict Number Forty in ( pEIlllON FOR
the state Of Colorado ADJU UDICA HON.
Herbert X Porter
Petitioner.
Whereas by orders of the District Court of
the Seventh Judicial District of the State of
Soiorado, sitting within and for the county of
Delta; the undersigned was appointed referee in
the above matter, of which orders the follow
ing are copies, to-wit:
STATE OF COLORADO. In the
COUNTY OF DELTA. S. District Court.
In The Waiter of the
Adjudication of the
Priorities of Wa.er
Rights in Water Dis ORDER. NJ. 74e
trict Number Forty in
the State of Colorado
Herbert Porrer.
Petitioner
Herber Porter. owner of The oak Valley
Ditch, The Teachout Diich and The Tearhout
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 eater for
irrigation purposes betwee n the several bitches.
canals and reservoirs in said Water District. and
particularly as to the ,everal bitches. canals and
T servoir> deriving their supply of water from
that certain str-am known a Oak Creek. a
natur stream 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 priorties of rights to the use
I 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,
IL will be impraciicable and inexpedient to
proceed 10 hear such evidence in open Court.
And il further appearing that 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. THEREFORE, ORDERED that an
adjudication be had prayed for in said
petition, aud that A. E. Amsbary of Delta,
for the purposes of such adjudication. and it is
further ordered that to said Referee be and here
b. Is referred the said petition. any statements
died; the matter of taking testimony and report
ing the same, king an abstract of and findings
on the same, and also the evidence heretofore
iaken in former proceedings or hearings before
any Referee appointed by this Court in relation
to any of the priorities. the use of water from
of a Decree in such adjudication.
IT l. FURTHER ORDERED that said Referee
die In the once Of The CLERK of the District
Court Of Delta County. his written acceptance Of
his appointment. and his oath of office. such
Referee: that he fix the time or times when. and
the place or places where he will hear evidence
touching the priorities Of rights of the several
ditches canals and reservoirs aforesaid, and that
he give nouce of all such hearings, times and
Ulaces IN all respects a. required by law.
IT l. FURTHER ORDERED that a copy of
this Order aud Notice aforesaid shall be served
on all persons. associations and corporations
taking and using water from said Oak Creek
its tributaries or wate rsheds . by publication in
manner required by law. and also by the post
ing OF copies of said Notice at such conspicuous
place and for the time previous to the COM
mencement of taking of testimony as 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 therein the
evidence. the abstract thereof findings thereon.
aud draft of decree. not later than thirty days
p ior the frst day of the February, 1911. Term,
and thst all exceptions to said findings or
decrees be filed in this Court not later than ten
days prior to the commencement of said term.
Signed in open Court. and dated at Delta
Colorado, the day and year nrst above written.
BY the Court:
SPRIGG SHACKLEFORD. Judge