UNITED STATES v. DISTRICT COURT IN & FOR CO. OF EAGLE

No. 23819.

458 P.2d 760 (1969)

The UNITED STATES of America, Petitioner, v. The DISTRICT COURT IN AND FOR the COUNTY OF EAGLE and State of Colorado and the Judge Thereof, the Honorable Harold A. Grant, Respondents, The Colorado River Water Conservation District, City and County of Denver, Acting By and Through its Board of Water Commissioners, Central Colorado Water Conservancy District, and the New Jersey Zinc Company, Intervenors.

Supreme Court of Colorado, En Banc.

September 15, 1969.


Attorney(s) appearing for the Case

Clyde O. Martz, Shiro Kashiwa, Asst. Attys. Gen., Washington D. C., Lawrence M. Henry, U. S. Atty, Denver, James L. Treece, U. S. Attys., Denver, Warwick Downing, II, Asst. U. S. Atty., Washington, D. C., Roger P. Marquis, James W. Moorman, David Osborne, Attys., Dept. of Justice, Washington, D. C., for petitioner.

Delaney & Balcomb, Kenneth Balcomb, Glenwood Springs, for respondent, District Court and Judge thereof, and intervenor, Colorado River Water Conservation Dist.

George L. Zoellner, Glenn G. Saunders, Denver, for intervenor, City and County of Denver, acting by and through its Board of Water Commissioners.

Miller & Ruyle, David J. Miller, Robert A. Ruyle, Alvin L. Steinmark, Greeley, for intervenor, Central Colorado Water Conservancy Dist.

Dawson, Nagel, Sherman & Howard, Don H. Sherwood, Raphael J. Moses, Denver, for intervenor, New Jersey Zinc Co.


GROVES, Justice.

This is an original proceeding in this court wherein the United States has asked for a writ prohibiting the district court from asserting jurisdiction over it in a supplemental water adjudication under C.R.S.1963, 148-9-7. We issued a rule to show cause why the relief requested should not be granted.

The proceeding is in Water District 37 of the State of Colorado, which embraces the Eagle River and...

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