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CITY AND COUNTY OF DENVER v. NORTHERN COLO. W. C. DIST.

Nos. 16881, 16888.

276 P.2d 992 (1954)

CITY AND COUNTY OF DENVER, City of Colorado Springs, South Platte Water Users Association, Plaintiffs in Error, v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT, Colorado River Water Conservation District, F. E. Yust, Clayton Hill, Grand Valley Irrigation Co., Grand Valley Water Users Association, Orchard Mesa Irrigation District and Palisade Irrigation District, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 13, 1954.

On Supplemental Motions and Petition for Rehearing January 14, 1955.

Attorney(s) appearing for the Case

Leonard M. Campbell, Glenn G. Saunders, John P. Akolt, Robert A. Dick, Harold D. Roberts, Milton J. Keegan and John M. Dickson, Denver, for plaintiff in error, City and County of Denver.

F. T. Henry, Colorado Springs, A. W. McHendrie, Pueblo, for plaintiff in error, City of Colorado Springs.

William W. Gaunt, Brighton, for plaintiff in error, South Platte Water Users Ass'n.

William R. Kelly, and John R. Clayton, Greeley, for defendant in error, Northern Colorado Water Conservancy Dist.

Frank Delaney, Glenwood Springs, for defendants in error, Clayton Hill and Colorado River Water Conservation Board.

John B. Barnard, John B. Barnard, Jr., and Duane L. Barnard, Granby, for defendant in error, F. E. Yust.

Guy V. Sternberg, Grand Junction, for defendant in error, Grand Valley Irrigation Co.

Silmon Smith and Charles Holmes, Grand Junction, for defendants in error, Grand Valley Water Users Ass'n, Orchard Mesa Irr. Dist., Palisade Irr. Dist.

STONE, Chief Justice.

Under our Colorado Statutes for adjudication of water rights, two proceedings were brought in Water District No. 36: one for adjudication of rights for irrigation, and the other for adjudication of rights for purposes other than irrigation. These proceedings were consolidated for trial in the court below and are considered together here.

The water rights involved are from the Blue River, a stream located on the Western Slope of the Continental...

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