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<br />001301 <br /> <br />. <br /> <br />. <br /> <br />An attempt is said to have been made in 1934, 0. very dry year, <br />to blow up the low crib built by the town in the Lake Brennan outlet to <br />Anthracite Creek and release the stored water for irrigation in North <br />Fork valley in the vicinity of Paonio.. Later no. the result of a temporary <br />injunction granted the town against the Fire Mountain Canal Be Reservoir <br />Company, on agreement, embodi ed in a stipulation entered in the tri al of <br />the injunction suit, defined the rights of the town and of the canal end <br />reservoir company. <br />The right of the town to store wo.ter as in the past was modified <br />to prevent diversion by the town between May first and September fifteenth. <br />If either party took the initiative in enlarging the reservoir he must in- <br />stall an outlet on the Anthracite Creak eide, but the town agreed within <br />a specified time to install a good outlet on the Coal Creek side (which has <br />not been done). The town 6Breed to continue and complete its original plan <br />to reise the natural lake elvel by 2IJ feet within a specified time, or <br />forfeit its right to do so. The last of such dates for work by the town <br />(several dates ~ere set out in the stipulation and in subsequent proceed- <br />ings) was May 20, 1940, three years after the court order in the last gen- <br />eral ndjudi cation in Del to. County. <br />In this adjudication the present right of the town was recognized <br />by reason of the stipulation being included in the findings of the referee <br />and the order of the court, and is the only evidence of right the town now <br />has. The Fire Mountain Canal & Reservoir Company in the same adjudication <br />received two conditional decrees for enlarging Lake ~rennan, but nothing <br />has been done -to perfect rights under these decrees. <br /> <br />. <br /> <br />-f- <br />