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Arkansas River Compact Administration and U.S. Geological Survey Sate of Colorado Meeting May 11 1978
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Arkansas River Compact Administration and U.S. Geological Survey Sate of Colorado Meeting May 11 1978
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7/27/2012 3:42:50 PM
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Water Supply Protection
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Arkansas River Compact Administration and U.S. Geological Survey Sate of Colorado Meeting May 11 1978
State
CO
Basin
Arkansas
Date
5/11/1978
Author
Newton, Patricia
Title
Arkansas River Compact Administration and U.S. Geological Survey Sate of Colorado Meeting May 11 1978
Water Supply Pro - Doc Type
Meeting
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32 <br />1I( PUEBLO, COLORADO; THURSDAY# MAY 11, 19781 1:10 P.M. <br />2 <br />3 <br />4 MR, COOLEY: We will call the meeting back into <br />5 adjournment, and where we were was, Mr. Schroeder was reviewing <br />6 the decree on the storage right and the Muddy. <br />7 is there any final word, or not final word, but <br />8 is there any additional word on that that you want to discuss <br />9 with respect to the review by the court? <br />10 MR. SCHROEDER: I just offer sort of a closing <br />11 comment. The court always has the final comment, but my own <br />12 closing comment would be, I have reviewed the decree. The <br />13 decree provides that before it becomes operative, the various <br />14 gaging stations have to be installed. There are some further <br />15 provisions in it saying that any-time those gaging stations <br />16 become inoperative, the right to store sort of disappears on a <br />17 temporary basis until they are made operative again. <br />18 Mr. Howland mentioned a very good point, one <br />19 that I frankly had forgotten about.. The decree has a final <br />20 paragraph in it saying that the decree is interlocutory. That' <br />21 sort of a standard provision, but it goes further and says that <br />22 at the request of any party to the proceeding, that party can <br />23 come before the court and say he has been injured. He has a <br />24 duty under that paragraph to make what is called a prima facie <br />25 showing of injury at which point the owner of the right -- in <br />
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