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<br />. <br />,t" . <br /> <br />. <br /> <br />. <br /> <br />:0540 <br /> <br />record in the matter: (1) assertion of claims by the United States in <br /> <br />Federal District Court on November 14. 1972; (2) joinder of the United <br /> <br />States in Colorado state court water rights adjudication proceedings in <br /> <br />Water Division 7, on January 3, 1973; (3) dismissal of the action by the <br />United States District Court, a ruling subsequently upheld (United States <br /> <br />v. Akin, 504 F.2d 115 (10th Cir. 1974)) at the appellate level and by the <br /> <br />United States Supreme Court (United States v. Colorado River Water <br /> <br />Conservation District. 424 U.S. 800 (1976)); (4) finding by the Water <br /> <br />Court of Division 7. on October 6. 1976, which denied the claim of the <br /> <br />United States to reserved water rights. holding that its claims were sub- <br /> <br />ject to the same standards and procedures as other claims; (5) filing of an <br /> <br />appl ication on December 27, 1976, by the United States in state water <br /> <br />court for the reserved rights held in trust for the Southern Ute and Ute <br /> <br />Mountain Ute Indian Tribes. as well as for individual Indians owning trust <br /> <br />allotments on the Southern Ute Indian Reservation; (6) stipulation by the <br /> <br />parties, confirmed by court order, to postpone trial indefinitely pending a <br /> <br />decision by the Colorado Supreme Court in the Divisions 4, 5, and 6 cases <br /> <br />which involved many of the same issues (United States v. City and County <br /> <br />of Denver, 656 P.2d 1 (Colo. 1982); reh'gs denied (1983)). <br /> <br />In the consolidated proceedings of United States v. City and County <br /> <br />of Denver, often referred to as Denver I to distinguish it from a similar <br /> <br />case involving Water Division No. 1 (City and County of Denver v. United <br /> <br />States, 656 P. 2d 36 (1982) J. on which the Court entered its rul ing on the <br />same day). the Colorado Supreme Court affirmed the principle of Winters. <br /> <br />holding that "the United States possesses reserved rights for its federal <br /> <br />reservations in Colorado in waters unappropriated upon the date of the <br /> <br />federal lands from the public domain. and in the amount necessary to <br /> <br />'.~ '."~~ <br /> <br />10 <br /> <br />--,- .",......: <br /> <br />.",.. <br />.~.~......~.'._-- <br />