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<br />Court in Case No. 84 CW 70 holds that the <br />doctrine of res judicata does not bar the <br />reexamination of the plan or intent to put <br />water to beneficial use in a diligence <br />proceeding, and that the arguably tougher <br />standards articulated in Vidler and City of <br />Florence for establishing a new conditional <br />water right could be considered in deciding <br />whether a previously decreed one should be <br />continued. This ruling is attached as <br />Appendix R. <br />C. Some may think that this trend offers a <br />strategy for incorporating the protection of <br />existing flow regimes into water development <br />planning. That strategy would be to resist the <br />award of new conditional water rights, as the <br />National Wildlife Federation (NWF) is seeking <br />to do with Aurora's Collegiate Range Project, <br />or to police diligence filings, as the Denver <br />Water Board or Colorado River Water <br />Conservation District sometimes do, arguing in <br />both instances for application of the new and <br />tougher standards against speculation. <br />D. But unlike traditional diligence contests <br />belween competing conditional water rights <br />holders, NWF may only seek to protect existing <br /> <br />6 <br />