The Meeker herald., 1919-07-12
Notice Concerning w.,er Adjudication.

Now on this s:,rd day of May A. D. 1919. the
same being one OF In the regular Judicial Day.
and d Tor fitkin County. Colorado. '"
| 1t ~ ordered by tho court that the follow
Ing Rule, number rs. and embracing Sec:
| tons numbered to II. Inclusive, be, and
the same are hereby designnted and estAb-
iished as the Rules of Procedure In and for
District OF the state of Colorado for the nd.
ludicntion Of priority rights TO the use Of
than Irrigation, In proceeding supplement
tai TO original DEGREES. and TINT said Rule
shall Obtain d, !, in proesedinss Tor change Of
the same are applicable. lo-wit:
PRIORITY RIGHTS TO USE of WATEt
IN PHotEEnINGs sUPPLEMENTAI.T TO
POSES oTiiEKTHAN iRitiGATIoN.
Il, !: Attorneys t. Esr may prs.sn, TO tn. eomr, or
priority right to the useof water for irri-
CATION. Or Tor purpose. other than irrign-
and thereupon on motion, mn order may bs
Ind for personal service of notice, or for
pubIicnt and posting of notice naming =
| the evidence on said petition.
There shall be attached to said petition
| n claim statement. together with copy Of
mn order for n hearing of the evidence. and
for publication by the Clerk Of the Court,
| 3. No publication shall he made until said
| petition, claim statement and order of the
|
of the Court.
!. When "a publication is ordered notice
shall he given by the CLERK OF said Court
by publishing the same IN one public news
paper In the county In which the proceeding
Is properly instituted. such newspaper 10
or. II the winter district extends Into more
thnn one county, then. when deemed ne-
cessnry by the court or Judge. In one public
newspnpcr In cnch Of the counties constitut-
Ing u water district In which tn. " renm or
ditch Is situated, which notice shall he pub
| ai aF IA
| successive weekly publications shall have
been made. the last OF which shall be on n
said.
0. When notice by publication Is ordered
ton shall post ten printed copies Of said
notice In ten public places In said water
district, not les. than twenty days befor.
printed copies shall b. Mt such public places
ns Will serve to give the best notice 10 all
parties Interested In the stream from which
the ditch belonging to the parties moving
the adjudication shall take Its water.
places ~ would best give sufiiciemt and
| timely notice. may he offered at such hear
| Ing on the evidence.
notices and those for the transfer of water
rights provided for by the Act Of 1906 pag.
| shall be served the snmc as summons In
civil actions under III" Code, and the con
| snid statute. and shall he signed by the
| CLERK OF said court and be served not less
ihnn twenty ts) days before the date OF
hearing.
I. Proof of tn. publication. posting and
mailing snid notices. and proof of service
Of personal notices provided for In the pre-.
| ceding section hereof. shall be Aa required
by law and at the expense Of the moving
| party md to be taken as costs advanced
and 10 the credit of the moving party.
:. AT least hveta) days before the day nam.
ed IN said order for the commencement OF
| the hearing of the evipence on said petition
for adjudication. or for change Of point
Of diversions, al pcnsons Interested therein
| shall file with the clerk Of this court their
answer, or protest. to said petition. or plehd
| thereto. and serve copy Of such answer ur
iorney Of record nj or before the time Of
| said fiine thereof. md u hearing shall be
lind on my motion or demurrer on twenty.
said order for the commen ment OF the hear
Ing of the evidence on said petition or rs
soon ms the business. and convenience Of
court or Judge Will premit.
| .. on the day and hour named In said or
der for the commencement Of the hearing
of evidence on n petition for an adjudfcn-
zion, or for change OF point q diversion.
and shall be unable to attend, from any
cause. on that day, the clerk OF the said
court shall so announce In open court and
| ihrrcupOn shall continue snid hearing TO
tnke evidence to day certain when said
Judge can be present. md no further notice
| of said continuance shall be necessary.
| 10. The decree ordered by the court shall
| contain, among other things. tho findings
post office address; number Of the water dis
, trict: Dnms md number OF ditch, reservoir,
| nume or pipe line, ns the cnse may be. In
consecutive order: name Of the stream and
| principal strcnm NJ which II is n tributary;
location and description Of the hendgatc,
the number Of the priority Of that appro-
printlon tconsecutively with others) to
which snid ditch is entitled, with the date
| appropriated In cubic feet per second OF
time at the cstnhiishe ration imsaid water
| district: the legal description Of the land
lying under said ditch susceptible of trri-
CATION for beneficial purposes, and the
and the point of use. n used for purposes
| other TINA irrigation.
| dicaiion OF priority rights to the use Of
| water for irrigation purposes. or purposes
Other than Irritation, ms well NJ ~ appli-
| whenever II becomes necessary tOtntroduce
| evidence of the number OF ncrss under ir-
rigntion. such evidence of the ncrenge must
| be had from mn accurate survey Of the land
| Itself by ncoinpetent surveyor, and accom-
panied by CHI or map and field notes
| II deemed necessary by tile court or Judge,
or such survey. which when produced In
court can be easily probed or checked by
any other competent surveyor: or II no
competent surveyor can bc procured for
such survey, then by ne urnte Inensurcmcnt
with metallic OF steel tape, accompanied
by sketch showing dime nsiOns and shape Of
each particular tract Of land in QUESTION,
hut such sketch must contain sufficient
| number Of measurements through. across,
over and around said trnck OF land, tOgeth-
hat any person competent TO do SO cnn
| compute the hrcn of said tract. Evidence
may be received OF measurement by drill.
provided II Is shown that the measuring
device of such drill Is In perfect working
order and condition to measure the land
approx imntely correct. II these last two
| modes he not deemed satisfactory to the
court, then the court or the Judge thereof
has the right to refuse such measurement
| md order n proper survey mnde.
1T Is FURTHER ORDERED that the
| costs Of printing this rule IN leaflet form
shall he paid In the first instance by the
county Of Pitkin, but that each county In
this Iud icinl district shall pay its proper
tionnte amount. being one nth of said cost,
on presentation of bill for same by
Ptikin County.
IT rs FURTHER ORDERED that this
ru ie shall be published for one Issue In one
newspaper published In each one Of tho
| counties In this judicial district, tO-wit; in
the counties OF Pitkin. Garfield. Rio Blhnco,