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<br />The Amity Irrigation Company <br /> <br />1;~78 <br /> <br />possible witnesses for Colorado, including Mr. Frank, Mr. <br />Davis, former Amity President Leo Pollart, Mr. Leo Idler of Ft. <br />Bent Canal and Mr. Ernest Hofmeister of Lamar Canal. <br />Doubtless we will know more by the date of the annual <br />meeting of the company shareholders. <br /> <br />The Purgatoire Conservancy District at Trinidad, in 1985, <br />obtained a conditional decree to store 39,300 acre feet on the <br />silt control section of the Trinidad dam under a priority date of <br />May 31,1950. The law required the District to file its diligence <br />case during April, 1989. It failed to do so, but flied eleven days <br />late..on May 11,1989. The Water Court, on a motion in which <br />Amity participated, cancelled, on January 22, 1990, the <br />conditional decree. <br /> <br />It later came to light that the General Assembly of Col. <br />orado had passed a new I.~w changing the period to seek <br />diligence in a conditional decree case from four years to six <br />years and provided that this provision of the law should <br />"...supersede any contrary provision or requirement of a <br />previous conditional decree...". The bill had been introduced in <br />the General Assembly on January 10, 1990 and was passed and <br />in effect on April 13, 1990 when the Governor signed it. <br /> <br />The conservancy district then applied to the Court to <br />rescind the order in which it had cancelled Purgatoire's <br />conditional decree; Judge Tracey held that the law, just <br />amended, applied to the case and thereupon restored the <br />original decree. Amity is participating in an appeal of the case <br />to the Supreme Court. <br /> <br />All of the other Trinidad Reservoir cases that I reported on <br />in last year's report are still pending, but little was done on <br />them during the year; the disposition of the Kansaa va. C%rado <br />case doubtless will have a bearing on these cases, 50 I think <br />that no one is in a hurry to resolve them only to have them later <br />amended by the possible result in the Supreme Court case. <br /> <br />Nothing was done on the Holbrook case this past year. <br /> <br />Amity participated with other District 67 ditches in a trial <br />in Pueblo, from October 29 through November 2, 1990,in <br />opposing the application of Public Service Company for an <br />exchange decree which would allow it to store in Pueblo <br /> <br />Page 5 <br />