WSPC04324

• File Number: 8402.400.10
• Description: Platte River Basin-River Basin Basic Hydrology-Transmountain Diversions Imports-Blue South Platte
• State: CO
• Basin: South Platte
• Water Division: 1
• Date: 8/29/1946
• Author: Jean S Breitenstein
• Title: Blue South Platte Project 1942-1955-Review of Statements of Claim Regarding General Adjudications in Water District 36
• Water Supply Pro - Doc Type: Report/Study

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S. BREITENSTEIN

ATTORNEY AT LAW
718 SYMES aUILDING
DENVER.COLORADO

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August 29, 1946

Hon. Clifford H. Stone, Director
Colorado Water Conservation Board
212 State Office Building
Denver, Colorado

Dear Judge Stone:

You have asked me to review the statements of claim
filed by the City and County of Denver, the South Platte
Water Users Association, and the United States in the
general adjudications now pending in Water District 36.
The report made herewith is based only upon the copies of
the statements of claim which you have furnished to me.
I have not examined either the court files in these adjudi-
cations or the records in the office of the State Engineer.

Water rights in District No. 36 are adjudicated by
the District Court of Summit County (Fifth Judicial District).
There are now on the docket of that Court two general ad-
judications, i. e., (a) No. 1805 for purposes of irrigation,
and (b) No. 1806 for purposes other than irrigation. Appar-
ently, it has been the practice in the Fifth Judicial District
to separate adjudications for irrigation and non-irrigation
purposes. The prior adjudications in that district are so
separated. It may be questionable as to whether or not
such procedure is either proper or necessary. Attention
is directed to Section 3, Chapter 190, Colorado Session Laws
1943, which provides in part:

IIHereafter an original adjudication shall be
for the purpose of adjudicating water rights for
all beneficial purposes in a single proceeding. II

It is not the purpose of this letter to analyze or
express any opinion upon the legal questions which may be
involved in the pending adjudications. The intent is to
present the basic factual situation so that the necessary
engineering studies may be made to appraise the possibilities
of an amicable settlement between the various claimants.
It is assumed that all claims except those of Denver, the
South Platte Water Users Association, and the United States
are of a minor nature which will not affect the major water

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