The new era. (Walden, Colo.) 1906-19??, 1911-08-24

his petition hereto rlled IN the ABOVE
entitled proceedings and said petit
toner among other things alleges:
That he is the owner of five cubic
feet of water per second of time Of
Priority No. ia of The Briggs Ditch
heretofore taken from the Lone Pine
Creek, for irrigation purpose Which
said priority took effect and dates
from June 15. 1890.
That he seeks to change the point
of diversion of three cubic feet of
water per second of time out Of said
priority of five feet. from the head
gate of The Briggs Ditch which is To-
Gated on the right bank of the Lone
Pine creek at a point whence the
South West corner of Section 81,
Township o, N. r. 81 West of the 9th
p. NJ bears south 80 degrees, thirty
minutes West 2S71 feet, to the head
gate of the Lille Ditch at a point on
said Lone Pine creek, on the right
bank thereof whence the quarter cor
ner on the North boundary of Sec
ton 20, Township 8, North Range 81
West of the 9th P. NJ. bears North 26
degrees East 1927 feet.
That the lands to be irrigated by
the water when so diverted are locats
ed in Sec 81, %, Township 9, N. R.
81 West of the 9th P. M. and consist
of about one hundred acres.
And the petitioner AYERS that the
change of the point of diversion of
the said three cubic feet Of water
per second of time from The Briggs
Ditch to The Lille Ditch will not in
juriously affect any vested rights of
any other owner or user of water in
said water District Number 46 in Di-
vision Number /.
And the petitioner further prays
for an order to be entered by the
Court fixing the time and the place
for the hearing and the taking of tes-
| timony in said matter and directing
that notice of said heaing be given
according to law.
The Court having read the petition,
and having considered the same and
being now sufficiently advised in the
premises and upon motion of the pc
titioner's attorney, 1t is hereby or
dered that the 9Th day Of Septem-
Der, A. D. 1911, at the hour of ten
o'clock m. at the Court Houes in
the Town OF Walden, be and the
same is hereby appointed as the time
for commencing to hear and take tes-
timony in the matter Of said adjudi-
cation and petition to change the
point of diversion and place of use
and for making of such orders as the
Court may deem proper in the mat
ter in question in open Court before
one of the Judges Of this District in
and for the County of Jackson and
State of Colorado.
And it is further ordered that the
Clerk of this Court proceed to give
notice of the time so appointed fol
said hearing in the manner and form
as in such case made and provided.
1 And 1t is further ordered thai
the Clerk of this Court cause suct
notice to be published for four sue
cessive weeks prior to the time sci
for the hearing of the matter. in The
New Era newspaper of general cir
culation printed and published in the
Town of Walden, in the County o.
jackson and State of Colorado.
And it is further ordered, that the
i service OF said notice be made an6
proof thereof furnished to the Court
and filed in said cause in all respect.
as by lawn such cases made and pre-
vided
Done in chambers at Boulder this
9TH day of July A d. 1911.
Now therefore /, w. Miller Mosmar
Clerk of the District Court of the
Eighth Judicial District of the State
of Colorado in and for Jackson Coun
ty, do hereby notify all persons
firms, associations, corporations. ant
all others interested as owners OF
users of water, or of any canal. ditcf
reservoir, appropriation. right to ths
use of water, priorities, or prioritie:
of right to the use of water in Dis
trict No. 46, Division No. l. to appea
in the Court at Walden, before saie
Court on the 5th day of September
A. D. 1911, at the hour of ten O'Clock
a. m. the time appointed in the sale
order of the Court herein filed and
made a part hereof. and then an6
there file statement of claim undei
oath as to any adverse interest o.
adverse claim, which You or any o.
| you may have or assert or which
va, NAV alIeoe against the said ne