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<br />001116 <br /> <br />. <br /> <br />. <br /> <br />By an amendment offered in the federal court case on <br />September 30, 1953 it asks to add a further 200 second foot <br />constant flow to this plant which itmys the Eagle County Dis- <br />trict Court decreed it this September in a statutory adjudication <br />after the federal court adjudication suit was filed, and to date <br />from 1930--three years ahead of us. The date and amount of this <br />claim will be relitigated in the federal court suit. It is <br />contrary to former calculations for our transmountain diversions. <br />~ Moffat Tunnel Water and Development Company Claim <br />This is a conflict with our water rights. It seeks in <br />federal court to antedate our Colorado River water rights. It <br />claims a 125 second foot priority for a ditch and for a large <br />amount for reservoirs out of the Fraser River and Ranch Creek, <br />its tributary, to date from July 15, 1932. It was awarded a <br />conditional decree of that date by the Grand County District <br />Court in an adjudication. Our project was not a claimant, did <br />not participate in that proceeding. It ended early in 1937 be- <br />fore our district was organized. We claim that because our <br />appropriators were not served with notice, we are not barred by <br />this conditional decree~ The Supreme Court on review, said that, <br />at the time of its entry, there was no evidence in the case of <br />conflicting claims and the reasonable diligence is subject to <br />later reconsideration when at subsequent hearings :effort is made <br />to get a final decree. These matters can be tried in federal <br />court; we deny a sufficient showing of diligence in construction <br />to support a priority to that company of that amount for that <br />date. <br />Denver's Fraser River and Williams River Conditional Decrees <br />The Grand County District Court, by a decre~ entered in <br />early 1937 gave Denver a priority, in part final, :in part condi- <br />tional for its work from the Fraser and Williams ~ork, relating <br /> <br />-8- <br />