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<br /> <br />,./.~ <br /> <br />C.J <br />",,"'-1 <br />(('; <br />C .J <br />I..,.) <br /> <br />was rejected. This was under the Colorado court decisions, <br /> <br /> <br />as they stood in 1935, that reservoirs could not be awarded <br /> <br /> <br />double fillings. This rule is now chang~ng; and the Colo~ado <br /> <br /> <br />courts are, awarding double fillings of reservoirs). <br /> <br /> <br />The enlargement of the Eastdale Reservoirs under' <br /> <br /> <br />the 1908 1'ilings was Soon completed, as wall the enlargement <br /> <br /> <br />of the intake canals for these reservoirs. And thE;! opera": <br /> <br /> <br />tion of the ~eservolrs, ,as so e~a~ged,tollowed upon the <br /> <br /> <br />c>olllpletlonor theiren1argelllent. <br /> <br />". ., <br />....... <br /> <br />Atter this enlal'gelllsnt of the Eastdale System was <br />completed and put into 'operation, a new element came into <br />the situation. It was discovered that there was a very <br />fine body or land lying aro~ what is now the town of <br />Jarossr,Colorado. This land lies at a slightly higher <br />elevation-than the land under the Eastdale Reservoirs. <br />The elevation 01' the outlet of the Eastda1e Ressrvo1rNo. <br />1 is aPPNximately ?S50 feet. The elevation or the lands <br />around Jaroso runs from about 7575 feet to about 7675 1'eet. <br />About 1914 the development of this Jaroso land <br />was begun., In order, to understand the situation it is <br />necessary to refer to tl:te attached sketch map, Exhibit C. <br />The land in question lies mostly under, and is watered <br />by, Laterals J-2 and J-3 sholm on Exhibit C. These laterals <br />de1"1ve. their water from Lateral 2 running from the Costil_ <br />la River to a point on the Colorab-New Mexico bOundary <br />line where the Cerro Ditch ends. <br /> <br />As hereinbefore stated, the Development C~mpany <br />acquired a conSiderable acreage of lands under the old <br />direct ditches and thereby acquired a substnntial interest <br />in a number ot such ditches and the water rights appurtenant <br />thereto. These water rights were conveyed by the Develop- <br />ment comp~~y to the Land company, together with all other <br /> <br />-\',-,~, <br /> <br />-12- <br /> <br /> <br /> <br />