The state herald., 1912-01-26


in certain matter then and therein pending
titled In the matter of the adjudication of prior
tiles of right to the use of water for irrigation in
and for water district No 65 in irrigation division
No of the state of Colorado" there was made
and entered in and by the district court of Phillips
county Colorado the following order towit:
State of Colorado -
County of Phillips -
In the district court
NosT2
In the matter Of the adjudication of priorities of
right to the use of water for irrigation in and for
water district No 6j in irrigation division No of
the state of Colorado
Order
Now on this day came William Pyle and B
Cunningham claimants of ownership Of the Bar
II No ditch taking its water supply for irrigation
from the north fork of the Republican river in
Yuma county in water district No65 in irrigation
division No Of the State Of Colorado by their at
torneys Isaac Pelton Esq and Stephenson & Ste
phenson and present to the court their petition in
the above entitled matter praying this court to
proceed to adjudication Of the priortes OF right
to the Of water for irrigation between the
eral bitches canals and reservoirs in said district
And Il appearing TO the court from said petition
that good and sufficient grounds exist for the ad-
Indication Of such rights It Is therefore ordered by
the court that Tuesday the 23rl day OF January A
d 1912 in the regular December 1911 term Of said
e1urtibc and the Is hereby fixed by the court
the day for comm. lc.nl, To near and tEso
e,idenec in such adj udieaton in ofcn court before
tie court at the cout hOufc in the city OF Sterling
in Logan county Colorado at which time and place
and during such time and times thereafter and at
such place and places to which said cause may be
adjourned said court will proceed TO hear and take
all evidence which may be offered by behalf
u any person association corporation Interested
In any ditch canal reservoir in said district tax
'ng its water supply from any Of the natural
streams Of said district either owner eonsum-
cr therefrom In support Of or against any claim
claims Of priority Of appropriation Of water
made by means Of any ditch canal reservoir or
by any enlargement or extension thereof In said
district and consider all such evidence and the
guments u tho parties and their eounsels
That this court will ascertain and find from said
evidence as near nn may be the date Of the COM
meneoment Of such bitches canals and reservoirs
together with the original size and carrying eapac
tiles thereof originally constructed the time Of
the commencement Of each enlargement or extern
sion thereof " any with the increased capacity
thereby oooasionod: the time spent sevorally In
such construction and enlargement extension
and rc-enlargcment II any: tho diligence with
which the work wns In each case prosecuted; tho
nature Of tho work to the difficulty " conAruc-
tion and all such other facts may tend To show
compliance with law In acquiring the priority Of
FHht claimed for each such ditch canal and rescr-
yuir and determine the matters put In evidence
and make and cause TO be entered decree deter
mining and eatabliahing the several priori,ieu u
right by appropriation Of water II tho several
bitches canals and reservoirs In said water dis
irict concerning which testimony shall have been
offered each according To the time Of la construe-
ton and enlargement or onlargements or cxten-
sions with the amount of water which shall be
held 10 have bcon appropriated By such eonstrue-
lion and cnlarrementa extensions as provided by
law
Il is further ordered by the eour, that the clerk
nf this oour, proceed to issue give and publish tho
notices Of said nrocoo'iings Aa provided and ~
iuift.l by law
Done In opsn court al llolyahe Phillips county
Colorado this 18th day Of December. 4 u 1911
~ The Court
II. p, Burke
Judge
Nov. Therefore In pursuance Of said order and
u conformity 10 the statutes In such case made
md provided. n0tios Ia hcreby given 20 all persons
'sHoelauuha and corporaiiuns Interested a. owner.
n any ditch. canal Or reservoir In water district
'o % In Irrigation division No 1 of tho State q
'olorado h and appthr before the district court
4 Phillips county. Colorado at the couurt house
n the ciiy of Sterling IN the county Of Logan. on
'ueHdAy The aiid day oi January A u ipis aud NJ.
lHieinsnt of claim under cath in case ne state
nent has leen'l-furp hl,d by him hcf or them
haNinF ihs ditch canal ~ reservoir of txauf mate
such IN which be- uhs ~ they eialm an Interest
Fs,hef with III. nainus u all the owners thereof
'hich statement uiay h. made iy any one of tho
Nnsfa ~ snfh ditch canal " reservoir fnr and on
'half of alll alao thht hli persons Interested rs
'snsfs or consumers may th,n and there present
ls her uf thsf pf,afa fnf of against any ufiafits
firh, Of water b. appropriation sought 10 10
iuwn b. any party li or through any suen ditch
'hAl or rrsrftoir riihcf as oanrr ur consumer uf
alter drawn iherffum
That at the ilms and place hsfrlnaiavs men.
on'd The said cnuft will commence 20 hear and
Ne evidence In Fufh aiiudratish and that said
'uft viii eao'inus ae TO take rBrh s,d.nca at
ich time aud times and at such places 10 witch
NJ causa may thnn and there and thereafter 10
'ntinuei
Witness my hand and the zeal u sad court al
obohs Phillips county Colorado ilus itth day u
'r''nhff U lpil VIZ ii.and
.sall clofa II the bis' iet count