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Annual Report For 1970 - The State Engineer must draft and publish regulations and rules of procedure, before wells can be shut off, to provide water for a senior sur~ face appropriator. A flood of applications have been made to the Water Court for rights to appropriate water and for re-establishing or relocating surface rights. As far as we know none oC these have been rendered decisions of the Court but referee findings have been made in some cases. One of these is the finding made by referee in Bent County near the mouth of the Adobe Creek. In each case 250 a. f. oC water per annum was allowed for each well. This amount was not satisfactory to the applicants and is being awealed to the Court. Several ditches including the Amity oppose this allottment as well as the change in use r1 the water, from irrigation to storage and recrea~ tion with permit to store in John Martin Reservoir. The roles and regulations of the State Engineer for the control of pumping of underground water of the river basin as required in Senate Bill 81 is before the Colorado Supreme Court in a Northern Colorado suit, and no enforcement of regulations will likely be made until a decision is handed down. Efforts of the Amity to remedy the flooding condition that occurs with heavy rains on Wiley and other drains has been held up by certain motions filed in the Court and by the sudden death of the District Judge under whose jurisdiction the declaratory judgment had been assigned. Our attarne,y, Robert Rogers, will report on status of this as well as the Broyles case and other matters in which the Amity is protesting adjudication requests for water under Senate Bill 81. Application of the Ft. Lyon Canal to revive the Prince reservoir right that has not been exercised for more than 50 years, and to transfer storage to Thurston Reservoir in many ways comes in direct conflict with storage allotted to the Great Plains. During the year 632,200 a. f. of Arkansas river water was measured at Pueblo, This was 2/3 of the 966, 600 a. f, accredited to the river above the John Martin outlet, The winter flow from Nov, 1 to April 1 was 105,400 a, f. through Pueblo, but ditches in Districts # 14 and #17 diverted 243,394 a. f. and 30,610 reached John Martin reservoir during that time. During 1970 winter season the Ft. Lyon Canal diverted 55,700 a, f, for direct irrigation and put 61,820 a. f. for diversion to the Kicking Bird for the Great Plains Reservoirs. During the irrigation season an additional 44,200 a. f. was diverted for the Great Plains. The Colorado Fish, Game and Parks Division are still trying to find water that can be purchased to provide a permanent pool in John Martin. It is understood that a bid of $500,00 a share was made to the Las Animas Town ditch stockholders for their water consisting of 32 1/2c, f. s. 1884 Priority, but this offer was topped by the Rocky Ford High Line canal offer of $750,00 per share for the 1900 shares of stock, An application for a change in point of diversion upstream to the High Line Headgate has been Page 4