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WSP06274
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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 />001120 <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />Article 19 of our construction contract with the United States. <br />The claim of the District there will reserve the water for our <br />ditches existing when our appropriations were initiated, for <br />introduction from the Colorado River of this new source of <br />water supply into the South Platte tributaries. And it is <br />there contracted that the use of this water by our East Slope <br />~ecreed appropriators will be without additional charge to them. <br />Our claims for water from the sources of East Slope <br />streams are in no way included in this return flow claim. It <br />relates only to water introduced from a new source, the Colorado <br />River. It confirms our claim on that behalf as against any <br />claim the government otherwise might make. <br />F. Return ~ <br />The Colorado Supreme Court has more than once declared <br />the law that water introduced into a stream from an extraneous <br />source which would not have reached the stream without the <br />appropriators construction, including return flow from such <br />imported water, may be reclaimed by the one so adding it to the <br />stream, independent of appropriations on that stream. <br />In drafting our construction of contract with the United <br />States, at the outset, that purpose was in mind of the District's <br />representatives and was included as Article 19. In the Dis- <br />trict's answer in the federal court case, we have set up that <br />article and claimed the return flow for the benefit of the <br />District. <br />Some misrepresentation of this has been made in the South <br />Platte Valley, in articles emanating from the secretary of the <br />Association of Water Users for State Control, wherein the asser- <br />tion has been made that it is the government which is to take <br />this return flow. It is true that, until paid for, legal title <br />of all irrigation and domestic water rights of our project will <br /> <br />-12_ <br />
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