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<br />. <br /> <br /> <br />~ <br /> <br />FEB 16 lQR3 <br /> <br />COLOR(\OO WATER <br />DIVIr.n~s...., r:!ilLC;.T!(\~.,' BI);\PIlE <br />IN THE DISTRICT COURT, WATER SIu~ NU 0 STAT <br />Case No. 81CW306 <br /> <br />OF COLORADO <br /> <br />TRIAL DATA CERTIFICATE <br /> <br />IN THE MATTER OF THE APPLICATIONS OF THE COLORADO WATER <br />CONSERVATION BOARD ON BEHALF OF THE PEOPLE OF THE STATE OF <br />COLORADO TO PRESERVE THE NATURAL ENVIRONMENT IN JACKSON COUNTY. <br /> <br />COME NOW the Protesters, Water Supply and Storage Company <br />and the City of Fort Collins by and through their attorneys, <br />FISCHER, BROWN, HUDDLESON & GUNN and submit the following Trial <br />Data Certificate ill compliance with the Court's directive: <br /> <br />I. Statement of Claim. <br /> <br />a. The law that has grown out of applications for <br />minimum stream flow rights prohibits such rights from interfering <br />with the U.S. Supreme Court's equitable apportionment of water in <br />the North Platte River basin. C.R.S. S 37-92-102 (3) reads in <br />part: <br /> <br />Nothing in this article shall be construed as <br />authorizing any state agency to deprive the <br />people of the State of Colorado of the <br />bE'neficial '.15: :If those waters available by <br />law and interstate compact. <br /> <br />In the case of Nebraska v. Wyoming, 325 U.S. 589 (1945) <br />modified January 14, 1953, the U.S. Supreme Court equitably <br />apportioned waters originating in Jackson County between water <br />users in Colorado, Wyoming and Nebraska. That decree made <br />available to Colorado water users outside of Jackson County, <br />60,000 acre feet of water each 10 consecutive years. The <br />Referee's ruling does not address this matter; and does not, as <br />it must, contain conditions that will prohibit interference with <br />the rights of the Water Supply and Storage Company and the City <br />of Fort Collins to divert and transport from the North Platte <br />River drainage. <br /> <br />b. The natural environment on the North and South <br />Forks of the Michigan River will be preserved to a reasonable <br />degree without this minimum stream flow right. <br /> <br />c. Preserving the natural environment, to the degree <br />of requiring this minimum stream flow right, will cause material <br />injury to the rights of the City of Fort Collins and Water Supply <br />and Storage Company to appropriate water from the North and South <br />Forks of Michigan River. <br />