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IN RE CF&I STEEL CORPORATION IN LAS ANIMAS COUNTY

No. 25931.

515 P.2d 456 (1973)

In the Matter of the Application for Water Rights of CF&I STEEL CORPORATION IN LAS ANIMAS COUNTY. CF&I STEEL CORPORATION, Plaintiff-Appellant, v. PURGATOIRE RIVER WATER CONSERVANCY DISTRICT, CITY OF TRINIDAD, and Rudolph Styduhar, Jr., Division Engineer, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

October 29, 1973.

Attorney(s) appearing for the Case

Welborn, Dufford, Cook, Phipps & Brown, John A. Dates, Denver, for plaintiff-appellant.

Davis, Graham & Stubbs, Jon N. Halverson, Charles D. Calvin, Denver, for defendant-appellee, Purgatoire River Water Conservancy Dist.

Moses, Wittemyer & Harrison, P.C., Raphael J. Moses, Boulder, Harry R. Sayre, Trinidad, for plaintiff-appellee, City of Trinidad.

GROVES, Justice.

Plaintiff-appellant (CF & I) commenced proceedings to change the points of diversion of decreed water rights. At the conclusion of CF & I's testimony, the court dismissed the proceedings on the ground that the water rights had been abandoned. We affirm.

The city of Trinidad timely filed a statement of opposition, alleging abandonment. About a year later and prior to any hearing the Purgatoire...

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