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COLORADO RIVER WATER v. BAR FORTY SEVEN CO.

No. 28099.

579 P.2d 636 (1978)

COLORADO RIVER WATER CONSERVATION DISTRICT, Appellant, v. BAR FORTY SEVEN CO., Applicant, and Ralph Kelling, Division Engineer, Water Division 4, Appellees.

Supreme Court of Colorado, En Banc.

June 5, 1978.

Attorney(s) appearing for the Case

Delaney & Balcomb, Scott Balcomb, Glenwood Springs, for appellant.

Russell, Angelo & Wright, Robert E. Wright, Jr., Gunnison, for appellee Bar Forty Seven Co.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Denver, for appellee Ralph Kelling, Division Engineer.

GROVES, Justice.

This is an appeal from the refusal of a water judge to give effect to a stipulation of the parties. We find the judge's action arbitrary and capricious, and reverse.

On December 28, 1976, the applicant, Bar Forty Seven Co., filed an application in the water court for change of its rights in the Marston Ditch.1 The water of the Marston Ditch was adjudicated many years ago for irrigation purposes with a priority...

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