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<br />. <br /> <br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Mr. Peter Kasper, President <br />Overland Ditch & Reservoir Company <br />1321 - 2900 Road <br />Hotchkiss, CO 81419 <br /> <br />. <br /> <br />COLORADO RIVER WATER <br />CONSERVATION DISTRICT <br /> <br />July 22, 1996 <br /> <br />RE: OVERLAND v. USFS (C.A. NO. 96-N-797, U. S. DISTRICT COURT, COLORADO) <br /> <br />Dear Mr. Kasper: <br /> <br />I am writing to express the River District's sincere support for the position which your company <br />has taken in your federal litigation against the U. S. Forest Service. The issue of "bypass" flows imposed <br />by federal agencies such as the Forest Service has become a significant concern for many water users and <br />for the River District. We have observed an increasing pattern of a federal strategy to skirt and ignore <br />state water law and state water rights under the guise of "bypass" flow conditions. Particularly regarding <br />the renewal of permits for existing water facilities, We believe, as do others, that the federal government <br />has no statutory or regulatory authorities to limit the historical yields of water projects. Thus, we are very <br />supportive of your effort to validate your easement rights and thereby avoid the improperly imposed <br />federal bypass conditions on your facilities. <br /> <br />Your legal action in this case is entirely consistent with the River District's policy: <br /> <br />"3. To litigate and legislate for the principle that no federal reserved water <br />rights shall be created and where there is an express federal reserved water right, it <br />shall be adjudicated in the Colorado State courts within the Colorado priority system <br />and quantified in a sufficient amount only to prevent the total defeat for the purpose <br />of which the land reservation was created." <br /> <br />You are aware that in addition to our moral support we agreed as a Board at our July 16th <br />meeting to provide you with grant funding in the amount of$IO,OOO for your legal fees. <br /> <br />Sincerely, <br /> <br /> <br />J <br />SUITE #204.201 CENTENNIAL TREET <br />P,O, BOX 1120/GLENWOOD SPRINGS, COLORADO 81602 <br />(970) 945-8522 . FAX (970) 945-8799 <br />