WSP10758

• File Number: 7630.225
• Description: Wild and Scenic-Elk River
• State: CO
• Date: 3/29/1974
• Title: Elk W and S Study-Hinman Park Res-Miscellaneous Court Documents-March 1974-September 1979
• Water Supply Pro - Doc Type: Report/Study

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were created that. reserved arrounts of Colorado water necessary lto I
operate and main these various public areas. After =nsolidation of
these cases applic t intervened therein in May of 1977 and thereafter
participated as an ctive litigant in these =nsolidated cases. :in this
action as well as ose hereinafter described, the cx::ITFillY has and is
incurring !e<jal f and CXlsts. i I

2. the late SI.IlIIter or early fall of 1977, appli~t
protested an appli tion by Colorado-Ute Electric Association, Inc. in
Water Division No. (Case No. W-l091-76) because applicant believed!
that the granting f the relief sought by Colorado-Ute in this case I
CXluld adversely af the' conditional decrees that are the subjeCt. of
this Application, that Colorado-Ute sought extensive changes ill :
points of diversi , exchanges and changes in places of use of n\lller9US
cxmditional water s held by it in Water Division 6. In adl4tion
to a substantial unt of legal work, it was necessary to engage' ~
engineering servi s of Leonard Rice & Associates, Inc. for studies in
connection with loping evidence in support of applicant I s proposeo.
protest. Sub t thereto various stipulations were entered into and
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a final decree has nON entered. 1 :
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3. October of 1977 applicant detenn:ined it advi~~e
to oppose an appli tion for a change of water right by Energy Fuels,
Coxporation in the Yampa River or its tributaries in Water Division No.
6 (Case No. W-ll86 77). As in the other actions described herein; :
applicant deteJ:rnin it necessary to protest in order to protect the'
cxmditional decree which are the subject of this application. APPli-
cant's protest has been on file for nearly a year and this litigation is
still pending. ' ,

4. pternber 13, 1978 a Stat:anent of Opposition waS :
forwarded to the C erk of the District Court for Water Division No. 6 in
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connection with No. W-1464-78, which is an additional application
of Colorado-Ute El ic Association, Inc. for a change of water rights
in the Yampa River or its tributaries. 'fuis involves eight ditcl1es :in
the Yampa River in and applicant's protest arose because of CXlncern
over its conditi 1 decrees which are the subject of this ApplicatiPn.
It is ~ tha this litigation will conSI.m"e substantial additional
t1Jre and expense. i I

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5. ing a substantial portion of the past four years
applicant's CXlunse in Craig, Colorado, R. H. Peck, Esq., has made a
detailed review of all water applications filed in Water Division' No. 6
so that applicant deteJ:rnine, Q;>~ up:m his rec:cmrendations, whether
it is necessary to file protests to the sarre in order to protect the
CXlnditional decree~ that are the subject of this Application. AWlicant
of CXlurse incurs on-going eJ<PBll5e because of the continuing J;erfonnance
of this 1np;lrtaJ1$ction. : :
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G. As 'denced by Exhibits A and B attached hereto and m<Ide
part hereof, appl' t has incurred the eJ<PenSes set forth on sai,\:! :
Exhibits, which . its include various specific expenses set forth in
various paragraphs! of this Application. I
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licant states that in view of all the foregoing, i reason-
been ,denonstrated by it insofar as the Hinnan; P~k Res-
is concerned, and it is aa::ordingly requested ,that a fin~
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WHEREFORE:,
able diligence
&VOir water righ

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