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<br />..- ~ <br /> <br />.' <br /> <br />001111 . <br /> <br />. <br /> <br />I <br /> <br /> <br />ago, chose those as more promising than the Blue Riler <br />I <br />its twenty-three mile tunnel. Denver began diversi ns <br /> <br />works and <br /> <br />from the <br /> <br />Fraser River in 1936. It has not fully developed i s diversions <br /> <br />there. <br /> <br />Our project priorities on the Colorado River nd its trib- <br /> <br />utaries are claimed to September l~, 1933, which wa the date <br />of the first Stimson survey, Denver is attacking tJis and att- <br />empting to get a su~rior priority. The COIOradO-B,g Thompson <br />appropriators followed the 1933 initiation with conltruction. <br />surveys in the following year~, and by actual dirt oving in 1938. <br />I <br />, <br />In 1936 in the Summit County District Court water adjudication of <br />the Blue, Denver had set up a claim for a conditionJl priority. <br />I <br />The court there, in 1936, adjudged that Denver had ~ot done other <br />than investigation or exploratory activity or shown!diligenCe in <br />construction and prosecution of its enterprise, De1ver was then <br />denied a conditional decree sought for priority of ~ppropriation <br />out of the Blue. I <br />I <br />Colorado Springs began its Blue River tunnel qonstruction <br />May 13,1948. It attempts, by quit claim deeds, toldate back to <br />, <br />1907 on 40 year old surveys by promoters who, by 19t8, had done <br />no substantial construction on the tunnel which ColJrado Springs <br />, <br />found it could, and did, build in three years. We deny that such <br />I <br />, <br />construction was continuity of effort such as to relate the prior- <br />I <br />ity back through forty years of omitted prosecutioniof physical <br />, <br />work. The Summit County District Court gave the Co~orado Springs <br />I <br />project a May 13, 1948 priority, which it is now co~testing in <br />, <br />I <br />I <br />I <br /> <br />Colorado Supreme Court. <br /> <br />Denver and Colorado Springs do not contest <br /> <br />ear <br /> <br />other's <br /> <br />,claims. <br /> <br />, <br />In that interval of Denver's inaction and of inaction of <br />I <br />those from whom Colorado Springs took quit claim de~ds, our pro- <br />, <br />The appearance when we went on the river <br />I <br />I <br />in 1933 and 1936 was, as decreed in 1936 in the local state court <br />I <br />, <br />that Denver had done nothing in construction on thelBlue River, <br />I <br />I <br />, <br />I <br /> <br />ject had its inception. <br /> <br />-3- <br />