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<br />The Amity Irrigation Company <br />090 <br /> <br />The Judge ruled on May 20, 1988 that neither applicant <br />had done enough before filing its application to preserve its <br />priority and held that Holbrook's priority is June 27, 1985 and <br />Di Rezza's is December 27, 1985. <br /> <br />Neither party has done anything further to obtain a decree <br />for the use of the reservoir for storage, and I know of no <br />present plans for either party to go ahead. <br /> <br />The Colorado Water Quality Control Commission finally <br />entered an order permitting water to be discharged into Horse <br />Creek from the reservoir provided the water as discharged and <br />as it passed the Horse Creek gauge on the river was diluted so <br />that it would contain no more than about 4300 parts T.D.S. <br />(total dissolved solids) per million. <br /> <br />Amity in conjunction with the other District 67 Canals, <br />Fort Lyon and Highland Irrigation Company started an unincor- <br />porated association for the purpose of filing an objection to <br />the application to amend the operating principles of Trinided <br />Reservoir filed by the Purgatoire Water Conservancy District <br />and the City of Trinidad. You will recall that the Trinidad case <br />has a long history as regards Amity, one which I feel has <br />damaged the conservation pool in John Martin on several <br />occasions. The request of these new applications is that the <br />Water Judge authorize the entities to do, legally, the acts that <br />they have been doing which result in damage to Amity. On <br />Friday, February 3, 1989, in Denver, I saw the lawyer represen. <br />ting Purgatoire; he told me that he is not anticipating a trial in <br />the case for at least a year. <br /> <br />On August 31, 1988, the company was served with a <br />summons to answer a complaint filed in the District Court of <br />Prowers County by Charles D. Bennett, Lee E. Gillis, dba <br />Hillcrest Ranch and Donald D. Tyner and Arletta A. Tyner, dba <br />KOA Campground, as plaintiffs. In the case the plaintiffs seek <br />a money judgment against Amity for their claimed damages <br /> <br />Page 5 <br />