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Last modified
1/26/2010 2:22:01 PM
Creation date
10/12/2006 1:32:03 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8430.100
Description
Platte River Basin-Water User Groups and Conservancy-Northern Colorado Water Conservancy District
Basin
South Platte
Water Division
1
Date
12/31/1953
Title
Legal Report-Report of Attorneys to District Board of Directors on Legal Matters for the Year 1953
Water Supply Pro - Doc Type
Report/Study
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<br />001119 <br /> <br />~ <br /> <br />. <br /> <br />. <br /> <br />Those assailants attack the suit pending in federal courto <br />For the benefit of our water users the suit is to have judici- <br />ally declared questions concerning the use of those water rights <br />and incidentally, to have the Denver, Colorado Springs, Moffat <br />Tunnel Development Company and Public Service Company priorities <br />determinedo Denver and Colorado Springs and those companies <br />seek to subordinate the water rights of our project to those <br />they propose out of the Blue River. The effort of the assailant <br />may help Denver. It certainly is not to the benefit of our own <br />water users. <br />Another attack by that secretary says control of adminis- <br />tering the water priorities will be taken by the federal govern- <br />ment away from the state authoritieso Another says the United <br />States is not recognizing the doctrine of appropriation. This <br />is not so, as the record of federal court pretrial statements <br />and drafts of pretrial orders clearly showo <br />In the federal court case Denver and Colorado Springs have <br />asserted and argued that the federal government, though it has <br />title to the works and appropriations under our construction <br />contract with it, has no right to make appropriations of water <br />from West Slope streams. The association directed by that exe- <br />cutive secretary hired the same Denver lawyers to argue just the <br />opposite in state court at Fort Collins. There they objected <br />that our district had no right to make an appropriation from <br />state streamso <br />The same spokesman asserts, as inimical to our water users, <br />our District's answer in federal court, in which we ask decreed <br />to District benefit the return flow from the Colorado River water <br />so brought ~nto East Slope streams from that independent source. <br />He asserts that the United States will take the return flow. <br />Just the contrary is true. Anyone will see that, if he will read <br /> <br />-ll~ <br />
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