The Meeker herald. [volume] (Meeker, Colo.) 1885-current, 1919-07-19
Notice Concerning Water Adujudic.,ions

Now on this 2Ird day OF MAY a. y. 1918. the
OF the April a. ID. 1919. term. sitting within
and for Pitkin County, colorado.
Ing Rule. number aa. and enbrscing Noe.
tions numbered J. to IL. inclusive. be, and
The same are hereby designated and e.teb-
lished an the Rules Of Procedure In and for
District OF the state of Colorado for the ad.
water Tor irrigation. or Tor purposes other
than irrigation, in proceedings .upplemon.
H. !" original DEGREES; and that ssid Rul.
point OF diversion OF water right so far as
the same are applicable, to-wit:
CONCERNING ADJUDICATION or
rHinHlTi K q, ur Tn n usE xrs MATES ~
poshs oTHEhThXN iRRid ATioN.
I. Attorneys may present to the court or
nj chambers, petitions for adjudication Of
priority right to the use of water for irrt-
IF 70. 81 pom o
and therenpon on motion, an order may hs
had for personal service OF notice, or for
day for the commencement of hearing OF
he evidence on said petition.
n claim statement, together with q copy OF
nm order for u hearing OF the evidence, and
| for publication by the Clcrk of the Court,
when service by publication Is requested.
Is. No publication shB be made until said
petition, claim statement and order of the
court shall have been filed with the Clerk
| of he Court.
4. When n publication is ordered notice
shall be 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 to
he designated by the Judge of said court,
| or. n the water district extends Into more
| than one county, then. when deemed ne
ces-nry by the court or Judge. IN one public
Ing water district IN which the IT ream or
ditch Is situated. which notice shall be pub
| successive weekly publications shall have
been nnde, the last Of which shall be on n
div previous to the day appointed as Aforc-
said.
.. when notice by publication Ia ordered
| he party or parties moving the Hdludicn.
notice In ten public places In said water
district not less than twenty days before
H% OF
ns Will serve to give the hest notice to all
parties interested In the stream from which
| he ditch belonging to Inc parties moving
| he adjudication shall take It's water.
Proof OF failure /" post said notices At such
finely notice. may he offered at such hear
Ing on the evidence.
When personal service OF adjudication
| notices and those for the transfer Of water
| rights provided for by the Act OF ipD6, page
III thereof. shall be ordered, such notice
| shnIl be served the same as summons In
civil actions under the Code, and the con-
tents Of such notice shall be as provided by
said statute, and shall he signed by the
Clerk OF said court and liz served not less
hnn twenty t1) days before tho date OF
| hearing.
mailing said notices, and proof of service
of personal notices provided for in the pre-
by law and Mt the expense Of the moving
pnrty and to be taken as costs advanced
and 10 {, he credit OF the moving party.
T. Al lcnst 1--WE t5l days before the day nam
ed in said order for the commencement of
ths hearing Of the evidence on said petition
| FOR adjudication, or for n change Of point
nj Yer ii n ~ thPrptn
shnIl nle with the clerk Of this court their
answer. or protest. to said petition, or plead
| thereto, and serve n copy Of such answer or
protest. or pleading. on the petitioners at
torney of record nj or before the time Of
| said Ming thereof and u hearing shall bs
| Ind ON nny motion or demurrer. on twenty
| four hours notice. before the day named In
| said order for the commencement OF the hear
Ing of the evidence on said petition or as
soon Ms the business and convenience Of
court or Judge viii premit.
=. On the day and hour named In said or
der for the commencement Of the hearing
Of evidence on a petition for All ndJudicn-
ion, or for change point , 81 h 81.
| and shall he unable to attend, from any
cnusc. on that day, the clerk Of the said
tbereupun shall continue said hearing to
| lake evidences to dny certHi m when aaid
ia ra ~ s s b no
10. The decree ordered by the court shall
contain. among other things. the findings
OF the court and the name Of the petitioner;
posiUiiicc address; number Of the winter dis
trict: name and number of ditch, reservoir,
con sccutivr order: name Of the stream and
principal stream of which II lisa tributary:
location and description Of the headgate,
the Size and carrying capacity OF said ditch;
he number Of the priority Of that appro-
priRtion tconsecutiveIy with othersj to
Of such priority, and the amount of water
appropriated In cubic feet per second OF
time at III. established rati on In said water
district: the legnl description Of the land
lying under said ditch susceptible of irrf-
CATION Tor beneficial purposes. and the
md the point of use, II used for purposes
OF her thnn irrigation.
II. mail hearings on petitions for adJu.
dication of priority rights TO the use Of
wnter for irrigation purposes, or purposes
other than irrigation, rs we'll a. an nppli-
whenever II becomes necessary TO Introduce
evidence Of the number OF acres under IT.
rigHtion. such evidence of the acreage must
te hnd from nm accurate survey OF the land
Itself by n competent surveyor. and accom-
panied by sketch or map. and ncld notes
II deemed necessary by the court or Judge.
or such survey, which when produced In
court can bc easily probed or checked by
any other competent surveyor; or n no
| competent surveyor can he procured for
such survey, then by accurate measurement
with n metallic or steel tape, accompanied
by sketch showing dimensions and shape OF
cnch particular tract OF lnnd In question,
but such sketch must contain SUFFICIENT
number Of measurements through. across.
over and around said track of land, togeth-
or with figures Of such measurements, Nd
COMPUTE he area OF said trnct. Evidsnce
may he received of measurement by drill.
prov ided It Is shown that the measuring
device Of such drill Is In perfect working
order and condition TO measure tho land
approximately correct. II these last two
modes be 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 made.
1T ~ FURTHER ORDERED that the
costs OF printing this rule III leafiet form
shall be paid in the first instance by the
county Of Pitkin, but that each county In
tionatc amount. being one- nth of said cost,
on presentation of n bill for same by
1T is FURTHER ORDERED that this
rule shall be published for one issue in ono
newspaper published In each one OF the
counties In this judicial district, to- wit; In
the counties Of ritkIn, Garfield. Rio BlancO,
MoIynt and Koutt and such newspaper shall