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September 9, 1943- <br />Mr. M. 0. Hindoriider, <br />Mats Hngineer of Colara a, <br />Capital :iii ldiag, <br />Denver, Colorado. <br />Dear Mr. Hi derli der s <br />At a meeting of the board of Directors of T! ort Lyon Canal <br />Oomph held yosterday, the qu ostios propomdod by YOU wi reference to the <br />administration of the waterr stored; is the daddoa IsservvL s asonsiderod, <br />and 1 was authorised to says <br />let. * Generally spoahing. Col � def Lai to tted to the <br />Prop" that the 1933 atipula►ti4n w o1� executed two stator <br />sad that notwithstanding the fact tha $as app estly rep its binding <br />effect ss far as the pending litisa is aomcs d, t3o1e►rdo should caaeids�r <br />itself bound by its provisions, anal I a d os has loom rendered by the <br />Supreme Court, the administration of o river should be In accorda"O <br />with a proper interpretation o ti r• <br />Zna. dpeski aaifiss as water impounded it the <br />reservoir, tbo fort Lyo anal Company i that water as water coming <br />into the reservoir wad jeat to p visions of the 1933 stipulation, and <br />it any art of the watt s aoedu41 is 6 lT X&nsas with its share► for the <br />Year 1943 of the Ar river ae dsf d by the 1933 stipulation, it should <br />be used for 0600 f, *on the r hamd, lansas has received its slaw <br />of the Ovate fiver, t be adsisistsr®d in an, co aardan with <br />the doors th the objestir ntainiag ths status quo. <br />3rd. Is o etioa with the proposition of maintaining the status <br />quo undo the 1933 at tioa, The Fort Lyan UU81 Company desires to call <br />attentl o the foll0 I <br />tc the facts presonted by 1,9% showing the adsisistra- <br />tier of the rive roc April list to September let, yep► haws laalude#� 3s tlse <br />aalculs,tiaas the reservoir rms which have been aads by Belgrade 61t0 66, <br />whiah Would inevita -01y, if 4arried out in th+s future, rove to the advantage' <br />of tans&$ and to the detriment of Colorado. Unquestionably these reservoir <br />runs shoulA be ozoludod is calculating net only the historic diversions Vert <br />the great diversions, a d in Your &O"vsting With Kansas undoubtedly lror <br />arc <br />to doing. <br />(b) If the principle of status quo is to be followed, it should <br />bs sade to apply to all ditches as far as passible. The figures show that <br />dofisioneloo is current Aeliveries is 0emparison with historic divorstons, <br />have resulted, and that The Tort Lyon Canal Compoar for oxwVIO, has s current <br />deficiency of approximately &M wars fast and the Holbrook Canal has a <br />current deficiency of approximately 6300 acre feat. on the other hand, the <br />Amity Canal and the Lacer Canal pave ozcesses totaling over 12,000 afire foot. <br />