The Greeley tribune., 1911-05-11
No. 2s1S

s FEET e, Of 4,,T PR5oR1Ty EsNaI 70 10:
SAL S1Ic,I DITCH coMPANY's
The people of the State Of Colorado
to all the persons. associations. cor
porations and all others interested As
or reservoir appropriation and priority
of right in the use Of water in Water
District No. 3, Division No. of the
State of Colorado.
WHEREAS. on the 18th day of
April. A. D. 1911. the following order
was made and entered of record in the
Now on this 18th day. Of April: A.
D. 1911. comes the petitioner. The
Cushman Investment Company. and
presents s,s to the Court Its petiti0n here
ceedings, and said petitioner. among
other things. alleges:
That 1t is the owner Of two and two.
of time of the Priority No. 2S of The
Canon Canal Company's ditch. hereto
fore taken from the Cache la Poudre
domestic purposes. which said priority
and appropriation took effect and
dates from the 18th day OF March.
1865:
feet Of said priority No. 2s of The
Canon Canal Compangs ditch was
transferred to The Poudre- Highiine
and thereafter continuously diverted
through said ditch -fer-a 4ogE period Of
time; and thereafter the said peti.
tioner became the owner OF the 2,S
priority SO diverted to The Poudre-
Highline Ditch & Reservoir Company's
ditch.
That petitioner seeks to change the
point of diversion of said 2 "a cubic
feet per second of time Of said priority
No. IS from the headgate. of said The
company's ditch to the headeate Of
the Larimer County Ditch. now owned
and operated by The Water supply &
Storage Company being & on the n9itr north
north So 3-4' west 100 feet from
the quarter section corner on the
south line of Of Section % Thirteen Is1.
Seventy GO5 West. thence to be car
ried by said canal to the lands lying
hereunder. and to be used for irriga-
tion purposes; that the water SO own
ed by. petitioner is necessary for the
use of its stockholders and consumers
for lands lying under said ditch for
irrigation purposes. which said ap-
Water Supply & Storage Company has
agreed to carry in its said canal when
the point of diversion is changed as
prayed for in said petition.
And petitioner further AYERS that
such change of point of diversion and
place of use of said 2 2-3 cubic feet
per StCOnQ OF Ilme belonging 10 pTlOr-
ity No. 2S will not injuriously affect
the vested rights Of any other owner
or user of water in Water District No.
3, Division No. !. of the State of Colo
RADIO.
And the petitioner further prays for
an order to be entered by the Court
fixing the time and place for the hear.
ing and taking Of testimony in said
adjudication and petition to change
the point of diversion, and directing
| that notice of said hearing be given
as provided by law.
The Court having read the said peti-
ton and having found the same con-
| lorna pie TO law. and having consid-
ered the same and being now suffic-
iently advised in the premises and
upon motion of the petitioners attor-
ney,
1t, is hereby ordered that the 1st day
of June, A. d. 1911. at the hour of ten
the city of Fort Collins, be and the
same is hereby appointed as a day for
nony in the matter of said adjudica-
tlon and petition to change the point
OF diversion and place OF use, and for
ne making, of such orders the
Court may deem proper in the matters
m question in open court before one
OF the judges for this District in and
Tor the County of Larlmer and State
of Colorado:
IT Is further ordered that the Clerk
OF this Court proceed to give notice of
the ,ime SO appointed for said hear
- " SIN' lpiltt OF IN tne manner
and form in such cases made and pro-
vided.
And 1t is further ordered that the
Clerk or SAID Court cause such notice
to be published for four successive
weeks prior to the time set for the
bearing of the matter in the Fort
collins Review. newspaper of gem
ed in the city of Fort Collins, in the
County OF Larimer and State Of Colo
| rado; and In The Greeley Tribune, a
Dtr t0t,
printed and published in the city OF
Greeley; Weld County, Colorado.
Ana 1t Is further ordered that the
PROOF thereof furnished to the Court
ana MED in said cause, in all repsects
as by law In such cases made and pro-
Done In open court at Fort Collins,
Colorado, this nth day of April, a.
NEIL r. GRAHAM
L llllirA a xnld Caial.