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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 />00I12t <br /> <br />. <br /> <br />. <br /> <br />be in the United States. This is our contract. However, <br />instead of the return flow being claimed for the benefit of the <br />government, it is expressly for the benefit of the landowners, <br />according to their decreed rights out of the South Platte River <br />and its tributaries, and, "without other or additional consider- <br />ation or payments". <br />Anyone who will read Article 19 can see that in writing. <br />This has been brought to the attention of that association. <br />Some of its former directors have seen the point, but the sec- <br />retary, in his recent articles, is still assailing what, in <br />fact, is a government agreement expressly for the benefit of <br />lands under ditches whose decreed priorities antedate July 5, <br />1938. It contracts the return flow away from the government <br />and to the decreed ditches instead of reserving it for govern- <br />ment benefit. <br />G. Administration 2! District Water in Streams Is ~ <br />the State <br />Notwithstanding propaganda asserting otherwise, the ad- <br />ministration of priorities of appropriation of water decreed <br />to the Colorado Big-Thompson Project from the natural streams <br />will be by state water administrative authorities. This was <br />declared by the assistants to the Attorney General in the pre- <br />trial hearings in U. S. Court, April 17, 1952. It is, again, <br />in writing, incorporated in the latest draft of Department of <br />Justice attorneys just received by us under date December 26, <br />1953, wherein it is declared "releases of water to fill such <br />(decreed) rights will be made upon demand of the authorized <br />irrigation division engineer or other state authority having <br />charge of the waters involved". This is no different than ad- <br />ministration of other priority decrees of state and federal <br />courts. Such decrees are generally in statutory water adjudi- <br /> <br />-13- <br />
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