The Idaho Springs siftings-news., 1912-07-13

err Fred VI Graham, ". H Neighbor
J; P. Raine, H. NJ Deisher. Mary Reyn
Frank kiippet. Ernest N. Duncan. G
F. Fry. George j. Bancroft. Mary Nc
Lean Bancroft and John P. Haines. Ex-
ecutor of the Estate of Julia Merritt
deceased. presented to this Court II
the above entitled matter a petition
;or change OF point OF diversion from
the headgate Of the Hindry Ditct
which is located on the north side ol
Bear Creek in the Northwest 4 of this
senth Range " s. ev;.s West IN eMasI Jeffersol
County. Colorado. to the headgate o
the Ward Dutch talso known as tn
Ward a kendrick Ditch) which is 10
lated on the north side of Bear Creel
In the northwest quarter OF section .
township south. range q west. II
water out OF appropriation No. Z. ii
Water District NO. 9, from said Beal
creek. a natural stream in Jefferson
County. Colorado. their rights thereto
being set forth in their petition for q
decree: and which, petition further al
eges that said transfer will not inju.
riously affect the vested rights OF
And further show to the Court that
on said l!,h day Of July; lsil. this q, 5
day Of september. 1911, at ten O'Clock
n the forenoon. as the time for the
hearing OF said petition: and entered
cause notice in said matter as pro-
vided by law to be given. That pur-
Al
iished. posted and served as appears
Of record in said cause. but which said
notice and publication, posting and
OF November. 1911. puashed and held
of no effect. And further show to the
Court that the time heret tofore fixed
by the Court for the hearing Of said
petition is passed.
II is therefore ordered by the Court
that the 2Srd day Of July, 1872, at
being one OF the regular juridical days
NJ the April term. 1912. Of said Court.
is hereby fixed as the day on which
all parties interested therein may he
and appear before said Court on said
II is further ordered that the Clerk
Of this court shall give notice Of the
time and place so hereinahoye ap-
pointed by causing notice thereof to
Arapahoe Weekly Herald. at Littleton
in Arapahoe County; in the Colorad"
county; in the Idaho Springs Strings
News. at Idaho Springs. in Clear Creek
and in Clay,s Review, in the
city and County of Denver. all in the
state Of Colorado: weekly newspapers
published in the aforesaid counties,
hat said notice shall be published
once each week until four t4) success
dive weekly publications shall have
oeen made. the last of which shall he
IN a date previous to the day appoint
ID aforesaid.
said notice shall contain a copy OF
his order. and shall notify all per
sons. associations and corporations In
'umers of water IN or through any
iitch canal or reservoir in said Wa
er District No. to appear at the tim
md place SO appointed. and to file
iuch pleadings and objections to said
and to the granting OF the
hange OF point OF diversion of the
water right prayed for therein: and tol
ffer and Introduce evidence and prooiI
n support of such pleadings and OBJ
ections as they may be advised;
said notice shall further notify al !
,s rsous. associations and corporations
Interested as owners. claimants or con
umers of water in or from any dltch.
anal or reservoir in said Water Dis
rtct No . that at said time and place
hey may present their proof or evil
fence for or against any Evidence
Introduced in said cause by any other
person, association or corporation.
,opies Of said notice shall be posted -
not less than twenty t2o
DAYS before the day so appointed; and
len. or partly printed and partly writ
ten copies of said notice to be served
upon each ditch owner in said district,
and upon any other persons. associa-
tions or corporations required by Law
to he served within ten I0l DAYS from
be ime of the first publication by the
Clerk in the manner provided by law
signed GEORGE w. ALIEN.
And YOU and each of you are hereby
notified to he and appear at the Dis
trict court in the Court House in the
city and County of Denver al the tims
SO appointed. to-wit: the twenty-thlrd
iay Of july. 1912, and to file state
lnent of claim under oath In case no
statement has been before flled by you
in which YOU claim an interest. to-
gether with the names of all the own
ers thereof and to file such pleadings
Of nd ~ thNrpuDDB
offer such evidence in objection to the
said petition. and to the granting OF
the change of noint of diversion OF
he water right PRAYED therein as you
may be advised: and all persons, as
sociations and corporations interested
as owners. claimants or consumers or
water in or froms any ditch. canal or
reservoir in said water district are
hereby notified that at said time ana
sent their proofs or evidence Tor or
against said petition and the granting
II the PRAYER thereof and in support
# or against any evidence, proof
claim or objections that may be intro
auced in the said cause by any other
person, association or corporation
You are further notified that begin
ming at the time and place described
I'm said order. unless otherwise ordered
the Court will proceed to hear and tax
evidence in the said cause of the things
and matters contained in said petition
and Of any other things and matters
which may properly come before the
Court at said time and on the conclu-
sion thereof will adjudicate and deter,
mine the matters in issue rendered ana
raised therein and also anv state
rnents, proofs or objections which may
he filcd therein, and thereupon VII,
proceed to enter final decree in sald
proceeding.
witness. my hand and the seal of
cot ~ court this eth day of June. a. d
PERRY A. CLAY,
clerk of the District Court within ane
for the CITY and County of Denver
ISean state of colorado.
Bv CAROIYNE f. FINLEY
Deputy.