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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 />001129 <br /> <br />. <br /> <br />. <br /> <br />The other objecting companies were claiming that they <br />had, by enlargements, made appropriations through their <br />di tches and reservoirs which antedate and c.re prior to those <br /> <br />appropriations of the District through Horsetooth Reservoir <br /> <br /> <br />and through North Poudre Supply Canal. <br /> <br /> <br />Refilling priorities awarded to many reservoirs dating <br /> <br />back to 1923 or earlier, place the District's priorities <br /> <br />from the Poudre far down the line, but they may; in flood <br /> <br />seasons, be of value. <br /> <br /> <br />The North Poudre Irrigation Company claimed to be owner <br /> <br /> <br />of the appropriations of the just completed North Poudre <br /> <br /> <br />Gravity Canal. <br /> <br /> <br />The Court decree for North Poudre Supply Canal recites <br /> <br /> <br />the fact that both the District and North Foudre Irrigation <br /> <br /> <br />Company are claiman~of that canal. In statutory water <br /> <br /> <br />adjudication proceedings, there is no power to adjudge the <br /> <br /> <br />legal ownership of the canal or its appropriations, and Judge <br /> <br /> <br />Coffin so held. <br /> <br />The District was further opposed by Water Users Asso- <br /> <br /> <br />ciation for State Control which had hired one of these firms <br /> <br />of Denver attorneys which is employed by Denver in its <br />opposition, in federal and state Supreme Court, to the <br />District water rights from the Blue River and from the main <br />Colorado River. This association protested the District had <br />no right, either in State Court or other Court, to claim <br />or receive decrees for priorities of water rights out of the <br /> <br />Poudre by appropriation. This is a contention just contrary <br /> <br />to what the same attorneys are asserting in the Federal Court <br /> <br />suit over our project water rights in the Colorado River. <br />It is notable that the Poudre River irrigation companies, <br />which contribute to the association, had their names ex- <br />cluded from this protest. <br /> <br />-21- <br /> <br />-----. <br /> <br />--- <br />
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