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<br />. <br /> <br />". <br /> <br />-2- <br /> <br />-The Weldon Valley Ditch Company obey all the lawful water diversion <br /> <br /> <br />orders of the State Engineer, and the State Engineer enforce the law of <br /> <br /> <br />priority according to the Colorado water law without discrimination. <br /> <br /> <br />-The State Engineer comply with all the statutes governing the diver- <br /> <br /> <br />sion of water by wells and regulate such diversion in accordance with <br /> <br /> <br />their priorities. <br /> <br /> <br />Testimony which was given during cross examination indicated that to <br /> <br /> <br />date no attempts had been made in the South Platte Valley to stop any <br /> <br /> <br />diversion of water by wells, and that the diversion of water by the wells <br /> <br /> <br />was adversely affecting the river flow in the area. <br /> <br /> <br />Intervenors in the case on behalf of the defendants were the City <br /> <br /> <br />and County of Denver acting through its Board of Water Commissioners and <br /> <br /> <br />the City of Aurora. Glenn G. Saunders, Denver water attorney, represented <br /> <br /> <br />the Weldon Ditch Company and the Denver l,ater Board was represented by <br /> <br /> <br />its attorney Kenneth Broadhurst. <br /> <br /> <br />Attorney Saunders commenting on the case said the ruling definitely <br /> <br /> <br />provides that when a call is put on the river, junior ditches and junior <br /> <br /> <br />wells must shut down and it is the responsibility of the State Engineer <br /> <br /> <br />to enforce their priorities. <br /> <br /> <br />"The fat is in the fire, and unless sorne positive action is taken <br /> <br /> <br />quickly, we can only have a chain reaction of lawsuits and a steady pro- <br /> <br /> <br />cession of senior filing against junior in perpetuity," he said. <br /> <br /> <br />It is reported that the State Engineer rnay appeal the decision. <br /> <br /> <br />WESTERN WATER DEVELOPilliNT FACES ANOTHER SETBACK <br /> <br /> <br />THE ENVIRON1,lliNTAL DEFENSE FUND, INC. (EDF) , a non-profit New York <br /> <br /> <br />corporation, filed suit against the Hational Water Resources Council and <br /> <br /> <br />Interior Secretary Rogers C. B. r'lorton, et al, seeking injunctive and <br /> <br /> <br />declaratory relief against the December 24, 1968 regulation by the l,ater <br /> <br /> <br />Resources Council which sets the "Standards for Plan Formulation and <br />