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<br />04-17 <br /> <br />-11- <br /> <br />Final Decre~ to contest the conditional decrees on the grounds that <br />the City of Colorado Springs has failed from and after the date of <br />the Final Decree to prosecute its claims with due diligence. <br /> <br />The rights to the use of water by the City of Colorado Springs <br />are more fully described in the Decree entered in Water District <br />Ho. 36 in connection with the aforesaid rights and these descriptions <br />are incorporated herein and made a part hereof as though they were <br />set forth in full. <br /> <br />~i(: <br /> <br />21. The City and County of DE:nver holds rights to the use of <br />water in the Williams Fork ~iver, the Fraser River, the South Platte <br />RivE:r and thEdr re[;pective tdbutarieC3 identified by the dE:crees <br />listed in paragraph 7(h) of the s-lipulation, as amended, and as set <br />for.th above. <br /> <br />22. The references to the Williams Fork River and the Williams <br />},Iiver throughout these Finclinc:rfJ of Fact and Conclusions of tal-!, the <br />Stipulation, as amended, the Final. Jndgment and -Lh,? Final Decree in <br />these consolidated CaSefJ means the same stream, which is a tributary <br />to the Colorado River and enters that stream near Parshall, Colorado. <br /> <br />RIGHTS OF THE CI"Y or ENGLE\lOOD TO <br />THE USE OF lfA'i'El: mo' THE COLORADO <br />RIVEl? Al':D ITS TI2IBUTAPHS <br /> <br />Heretofore there has been decreed in Water District No. 51 by <br />the District Court in and for the County of Grand, State of Colorado, <br />in Civil Action No. 657, to the LoHat Tunnel Water and Develop:~ent <br />Company, a Colorado corporation, predecessor in interest to the City <br />of Englewood, the following conditional rights: <br /> <br />Hamilton Cabin Creek Ditch, priority July 2, 1932, 70 c.Ls.', <br />Extension and Enlargement of Ha@ilton C~bin Creek Dit6h, priority <br />July 2, 1932, 25 c .L8.; Cabin Creek: Reservoir, priority date July 2, <br />1932, 4,250 acre-feet; !'eadovl Creek Reservoir, priority July 2, 1932, <br />5,100 acre-feet; Ranch Creek lleservoir, priority date July 15, 1933, <br />478,079,187 cubic feet; Enlargement of Ranch Creek Reservoir, priority <br />Odober 1, 1933, 483,858,406 cubic feet; Fraser Ditch, priority <br />October 1, 1933, 30 c.f.s. <br /> <br />The aforesaid court has entered formal decrees of diliuence <br />in each even-numbered yer'lr beqinninq \'11 th 1940 to and includil;9 the <br />YeB.r 1954. All of said rights of the I"offat Tunnsl Water and Develop- <br />ment Company have been conveyed to the City of Englewood, a municipal <br />corporation of the State of Colorado. <br /> <br />i <br />