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<br />001117 <br /> <br />. <br /> <br />. <br /> <br />those two appropriations to 1921. But this was not construction <br />or notice by any construction on the Blue River. From them, <br />Denver has yet 65,000 acre feet of "earmarked" water supply <br />capable of deve1opment--enough for a quarter million more people, <br /> <br />by Denver's present consumption rate. <br /> <br />We are maintaining in federal court that Denver should <br /> <br /> <br />not make District water users subordinate, by dating back to <br /> <br />1921, Denver's claimed project for water, the use of which it <br /> <br />will not begin to need until fifty years after 1921. <br />The decision of the Colorado Supreme Court in the Blue River <br /> <br />pending case, where Denver has made the District a defendant, <br />is being awaited by the federal court. Trial there is now set <br />to begin February 25, 19~. Various preliminaries, are to pre- <br />cede the tria1~ to put together a pretrial order to define what <br />matters are admitted and what are contested. More' than fifty <br /> <br />pleadings are on file. <br />The federal court case will determine the relative prior- <br /> <br />ity dates of appropriation as between Denver and the water users <br /> <br />of our District. A junior priority for Denver would relieve the <br />Denver threat to our Colorado River water supply. <br />District Burden from Colorado RiverComnact <br />The priority decree matter becomes increasingly important <br />because, instead of there being 16 million acre feet of water <br />available at Lee Ferry for supplying the Lower Bas~n and Upper <br />Basin of the Colorado River under the 1922 compact, in the last <br />ten year period, by the recent report of the engin~ers, shows <br />less than three-fourths that average amount of acre feet were <br />there available. Under the 1937 Senate Document 80 agreement <br />between Western and Eastern Slope associations, it' is provided <br />that in case of occurence of water shortages down the Colorado <br /> <br />, <br />River to satisfy the provisions of said compact, the diversion <br /> <br />-9- <br />