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. , ' \. .' .' ,J), h2:::~~"" ~roj~ct No. 26~7 . . 4 that the Corrunission r".lciy determine t~1at his ?lar;. is not Des t adapted to a comprehensi ve develo?~ent of the ...vater reSQc.rce 5 I or the.:: the Commission in its judgment may determine that the development of the water resources for public purposes should be undertaken by the united States itself. In order that the Applicant may complete a prelimina-ry evaluation of the economic feasibility of the proposed project during the first year of the permit, before it becomes neces- sary to make expenditures for fish'and wildlife studies, we are issuing the preliminary permit for a period of 36 months. Intervention in this matter was granted to the Colorado Open Space Coordinating Council, Inc., the Colorado Game, Fish, and Parks Commission and the Rocky Mountain Power Company. No- tice of intervention was filed by The Public Utilities Commis- sion of the State of Colorado. On July 5, 1972,. a Motion by Intervenor, Rocky Mountain Power Company, to Dismiss the Application of Colorado River Water Conservation District for a Preliminary Permit for Fail- ure to Establish Ownership of Legal Right of Appropriation to Water Rights Essential to the Purpose of the Requested Prelim- inary Permit was filed. The motion stated that Intervenor has been the owner of adjudicated senior and priority conditional rights to the use of waters and related interests described in the Application for the production of electric power and other beneficial uses; Intervenor intends to make a beneficial use of the waters conditionally awarded to it and that the junior and inferior rights of Applicant \vill be worthless; the granting of the preliminary permit will result in irreparable damage to In- tervenor including possible loss of its water and other rights and interferes with Intervenor's efforts to install hvdroelec- tric facilities in connection with Project No. 2289; 1; the water interests to which Applicant asserts ownership have been irrevocably optioned to others by a contract dated October 19, 1965; Applicant has failed to show any ownership, control or conditional right to use the waters which are the subject mat- ter of the Application; Applicant irrevocably optioned the bene- ficial use of its senior and prior rights to the waters des- cribed in the Application. y Dismissed without prejudice. 37 FPC 329 (1967); confirmed and reinstatement den. 37 FPC 900 (1967); affd. Rocky Mountain Power Company v. Federal Power Commission, 409 F2d. 1122 (C.C.A.D.C. 1969).