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001112 ~ .' . . I I I , , diversion. Denver was adjudged not to have been ditigent on a I Blue River claim for appropriation. Our right intervened in that , period of lack of diligence. Diligent constructionlfo11owed. For the Colorado-Big Thompson project we expect the federal I court trial to demonstrate that Denver had not done\any construc- tion on the Blue River, nor anything other than exp oratory work, until December, 1946; that Denver, (which does not *ow need the water but claims it will need some of it twenty yea s hence), should not be allowed to have a priority to date ba k to 1921, which would be fifty years before it would need the water. Our District needed the water in 1933 and needs it now. I Green Moun- tain Reservoir use began in May, 19~3; our project rill have been using it for thirty years before Denver will have nted for any of it. We don't ~ant it then taken away from us. : We rely on the long established Colorado wate~ law principle that, when a claimant for an appropriation has fai1~d to use di1- , I igence in construction, it is not entitled to relatt back to its first survey, as against another appropriator Whichlhas initiated its diversion works during inaction of such other ciaimant, where I such diligent appropriator has carried on the const~uction of I those works with continuity of purpose and of effort to app1ica- tion of water to beneficial use. B. Summit County Court Water Adjudication In this adjudication are being determined the:water rights I of the Green Mountain Reservoir on the Blue River and those of j Denver which is proposing to build a twenty-three m~le tunnel from I the Blue River to the South Platte which it seeks tq date back to , 1921. Its appropriation would take all the water o~t of the Blue I River at Dillon, upstream from our Green Mountain R~servoir. Green , Mountain Reservoir supplements Granby Reservoir and is of great -4-- , , I I , I , I , I -'--