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<br />, <br />" <br />~) <br /> <br />PARSHALL PROJECT. COLORADO <br /> <br />right for the full enlarged capacity of the Williams Fork Reservoir. The <br />'protests are based primarily upon Denver's plan to use the reservoir partly <br />as a source of replacement water for transbasin diversions from the Blue <br />River. Previous litigation concerning water rights for the Blue River <br />diversion project were resolved by a stipulation made October 5. 1955. <br />Parties to the stipulation included the city and county of Denver. the <br />United States of America. the Colorado River Water Conservation District. <br />and other interests on both sides of the Continental Divide. The stipu- <br />lation later became a part of the decree of the United States District <br />Court for the District of Colorado in the consolidated cases of the United <br />States of America v. ~rorthern Colorado Water Conservancy District. et al. <br />Ci vil Nos. 2782. 5016. and 5017. The decree and the stipulation were in <br />turn approved by Congress in sec. 11 of the Colorado River Storage Project <br />Act of April 11. 1956 (70 Stat. 105). <br /> <br />Section 4c of the stipUlation relates to replacement water for the <br />transbasin diversions and the relationship of rep1.acement storage to the <br />Parshall project. The section is quoted below with explanatory informa- <br />tion added in parenthesis. <br /> <br />"The City and County of Denver and the City of Colorado <br />Springs will at all times bypass water in quantities sufficient <br />to meet all legal calls of downstream '''ater rights on the Blue <br />River. and within Colorado below the confluence of that stream <br />with the main stream of the Colorado River. having priorities <br />earlier than the respective priority dates of said cities. This <br />obligation adequately to provide water for the priorities on the <br />Blue River and the Colorado Ri vel' antedating the respective <br />priority dates of said two cities. may be fulfilled by replace- <br />ment storage by and on the Blue River or on the Willie~ River <br />(Williams Fork River). SUbject nevertheless to the requirement <br />that the parties provide that the plans for replacement stor- <br />age will first have been approved by the Secretary of the <br />Interior or his designated representative. Insofar as any <br />proposed replacement storage on Williams River will adversely <br />affect the Parshall Unit of the Cliffs Divide project (Parshall <br />project) dulY authorized representatives of the Petitioners in <br />Civil Actions Nos. 5016 and 5017 (one of whom is the Colorado <br />River Hater Conservation District), shall have the right to also <br />approve the proposal or submit it to this court for adjUdication <br />as to legal rights. The water to be exchanged shall be on hand <br />and in storage when the exchange is proposed. Any exchange <br />approved shall not relieve said cities from the obligation to <br />deliver electrical energy :for the amount of water diverted :from <br />the Blue River." ' <br /> <br />Protests of the Parshall project sponsors against making absolute <br />the entire remaining conditional right of Denver :for storage of 87.010 <br />acre-feet in Williams Fork Reservoir are based on the fOllOWing contentions: <br /> <br />3 <br />