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C4k??R DATER DIVISION NO. 5, STATE OF COLORADO Case No. 87 CW 040 ORDER --------------------------------------------------------------- IN THE MATTER OF THE APPLICATION FOR SURFACE WATER RIGHTS OF: WILLIAM THOMPSON IN HIS OWN BEHALF AND AS AGENT FOR THE CITIZENS COMMITTEE FOR THE PROTECTION OF MIDDLE PARK WATER, IN MIDDLE COLORADO RIVER AND LOWER BLUE RIVER FISHERY, IN GRAND COUNTY. This matter came before the Court on the Motion to Dismiss filed by the City and County of Denver on May 8, 1987; the Motion for Dismissal of Application, or, in the Alternative, for Summary Judgment filed by Water Supply and Storage Company on June 4, 1987; and the Motion for Summary Judgment filed by the Colorado Water Conservation Board, Northern Colorado Water Conservancy District, and Municipal Subdistrict, Northern Colorado Water Conservancy District on July 15, 1987. The apoIic?..on n •ase ?."?- _r ?:;'?_? .0 Preserve the "is'?ery :n portions o; .~e csIcraCo and ZIue Rivers . No structures are intended as a part of tne appropriation. Similar water rights were before the Colorado Supreme Court in Colorado River Water Conservation District v. Rocky Mountain Power Company, 58 Colo. 331 , w In that case the Court he. that such appropriations could not be recognized because of a lack of any diversion of water from the streams natural course. It also pointed out that a right to the maintenance of the flow of the stream is a riparian right which is totally inconsistent with the doctrine of prior appropriation. I