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0450 ATTORNEY'S REPORT Ordway, Colorado January 14, 1975 The Stockho:Lders of The Twin Lakes Reservoir and Canal Company and The Stockholders of The Colorado Canal Company Gentlemen: Following is a sUl1Jlllary of the status of the litigations of the companies as of October 31, 1974. 1. In my report last year I told you that a trial had been held by the Water Court for Water Division No. 5 on the application of The Twin Lakes Reservoir and Canal ,Company for a biennual finding of due diligence with respect to the Twin Lakes Reservoir Third Enlargement, Lost Man Dam and Reservoir, and Independence Pass Transmountain Diver- sion System. At that time the Court had that matter under advisement. Since that time the Court has made a finding of due diligenoe and entered an order inoreasing the absolute portion of the Company's decree for the Independence Pass Transmountaill Diversion System from 504 ofs to 610 cfs, leaving 15 cfs for Tunnel No. 1 still conditionally decreed. 2. Last year I reported that the Twin Lakes Company had filed Statements of Opposition to certain olailns of the United States for water rights on the Colorado River and its tributaries. This matter is now pending before the Master Referee on briefs. 3. During 1973 The Twin Lakes Reservoir and Canal Company filed an application for the ohange of use of water rights in Water Division No.5, whioh is still pending. This matter has been set for trial commencing Maroh 4, 1975 in Glenwood Springs. 4. I have previously reported that The Twin Lakes Reservoir and Canal Company filed an applioation in Water Court for Water Division No. 5 for a deoree awarding oonditionally 20 ofs additional to the New York Colleotion Canal from West Fork Guloh to New York Guloh, for 50 cfs for that portion of the Collection Canal from New York Gulch to Tabor Guloh, and for 100 ofs for that portion of the oollection system from Tabor Gulch to Linooln Gulch. This matter was tried to the Court in November, 1974, and the Court has it under advisement at this time. 5. Last year I reported that The Colorado Canal Company had joined with The Amity Mutual Irrigation Company, Fort Bent Ditch Company, Holbrook Mutual Irrigation Company, High Line Canal Company, The Lake Henry Reservoir Company, The Lake Meredith ,Reservoir Company, Las Animas Consolidated Canal Company, and The Fort Lyon Canal Company, in filing a Statement of Opposition to the application of the State of Colorado, Department of Natural Resources, " -6~