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<br />Annual Report for 1990 <br /> <br />Reservoir, John Martin, Lake Meredith and Lake He.nry all of <br />the water which was decreed to it on November 12, 1982 for the <br />purpose of generating electricity at its proposed Las Animas, <br />Colorado plant. Then, Public Service Company could use the <br />water stored in Pueblo for its Comanche generating plant <br />located there, or, if not needed there, it could be exchanged to <br />other users on the river. <br /> <br />The 1982 decree was based upon Public Service <br />Company's purchase and ownership of approximately three <br />fourths' interest in the surface decree of Las Animas Con- <br />solidated Canal and about one half of the surface decree of <br />Consolidated Extension Canal. <br /> <br />Public Service had never implemented or used the 1982 <br />decree for the purpose of manufacturing electricity, had never <br />constructed the Las Animas plant, had never built the off chan- <br />nel reservoir, had never acquired rights of way for the inlet and <br />outlet pipelines for transport of water to the plant or back to <br />the river and had generally permitted the water to continue to <br />be used for agricultural purposes as originally appropriated by <br />the canals. <br /> <br />When Public Service Company completed with the <br />presentation of its case, all of the objectors made motions, <br />based upon various reasons, to dismiss the application; Judge <br />Tracey took the motions under advisement and then ruled in <br />about mid.Dacember, that the application should be dismiss- <br />ed. Public Service Company is now appealing that dismissal to <br />the Supreme Court of Colorado. <br /> <br />It has been a pleasi ng experience to represent your com- <br />pany these past years and to present this, our sixteenth, <br />annual report. <br /> <br />February 5, 1991 <br /> <br />SHINN LAWYERS <br /> <br />By: <br /> <br />Carl M. Shinn <br /> <br />Page 6 <br />