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SE COLO. WATER CONS. v. TWIN LAKES ASSOC.

No. 87SA243.

770 P.2d 1231 (1989)

SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, Complainant-Appellee, v. TWIN LAKES ASSOCIATES, INC. and Dennis O'Neill, Respondents-Appellants, and Cache Creek Mining Trust, Respondent, and Concerning the Application for Water Rights of Dennis O'Neill and Twin Lakes Associates, Inc. in Lake and Chaffee Counties. Dennis O'Neill and Twin Lakes Associates, Inc., Applicants-Appellants.

Supreme Court of Colorado, En Banc.

March 13, 1989.

Attorney(s) appearing for the Case

Fairfield and Woods, P.C., Howard Holme, Kevin B. Pratt, Stephen H. Leonhardt, Denver, for complainant-appellee Southeastern Colorado Water Conservancy Dist.

Carlson, Hammond & Paddock, John U. Carlson, Tod J. Smith, Denver, for complainant-appellee Twin Lakes Reservoir and Canal Co. and Bd. of Water Works of Pueblo.

Peterson & Fonda, William Mattoon, Pueblo, for complainant-appellee Bd. of Water Works of Pueblo.

Anderson, Johnson & Gianunzio, Gregory L. Johnson, Mark T. Pifher, Colorado Springs, for complainant-appellee City of Colorado Springs.

Robert N. Miller, U.S. Atty., John R. Hill, Jr., Denver, for complainant-appellee U.S.

Musick and Cope, Joseph A. Cope, Boulder, for respondents-appellants, Twin Lakes Associates, Inc. and Dennis O'Neill.

No appearance for respondent Cache Creek Mining Trust.

QUINN, Chief Justice.

Twin Lakes Associates, Inc. and Dennis O'Neill appeal from a judgment determining six water rights decreed in 1912 to the Cache Creek, Arlington, and Clear Creek Ditches to have been abandoned. The water court, after concluding that the presumption of abandonment arising from an unreasonably long period of nonuse had not been rebutted, ruled all six water rights to have been abandoned, cancelled the water rights decreed in 1912 to the three ditches...

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