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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 />001123 <br /> <br />. <br /> <br />. <br /> <br />United States from Denver's writ of error. Furthermore is the <br />fact that the whole Colorado River is an interstate stream now <br />being brought into United States Supreme Court allocation. A <br />federal court adjudication will be of more value than adjudica- <br />tions would have been from the various state courts, which are <br />of more limited jurisdiction both as to area, and as to what <br />questions may be determined--such as the effect of Senate Doc- <br />ument 80. <br />These are some of the legal incidents which have, after <br />mature consideration, caused the attorneys for the District to <br />conclude that an adjudication of the many Colorado River water <br />questions involved is of greater value in federal court than <br />to have had such adjudications piece-meal, in state courts of <br />the Western Slope. It does not embrace East Slope stream ad- <br />judications. <br />Northern Colorado Water Conservancy District policy on <br />the legal effect of Senate Document 80 has been to regard it in <br />good faith as a treaty of contractual nature to be adhered to <br />in manner of construction and to be performed in manner of <br />operation. Denver, in stating its contentions in the Colorado <br />Supreme Court and in the federal court case, asserts that Sen- <br />ate Document 80 is nothing more than a mere report of the Bur- <br />eau of Seclamation to Congress on the economic feasibility of <br />our project and that it is not binding on Denver. <br />For the District water users our interests are paired with <br />those of the United States in having decrees for priorities of <br />the project on the Blue and on the main Colorado, not junior to <br />those of Denver and Colorado Springs and the Moffat Company, nor <br />to the enlarged Shoshoni power plant claim. We differ with <br />government interests in some matters of manner of operation <br />under Senate Document 80, but not on cooperating for senior <br /> <br />~~ <br />
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