CF & STEEL CORPORATION v. ROOKS

No. 24929.

495 P.2d 1134 (1972)

Petition of CF & I Steel Corporation to Change the Point of Diversion of Certain Water Rights in Water District No. 12 of the State of Colorado. CF & I STEEL CORPORATION, Appellant, v. William F. ROOKS et al., Appellees.

Supreme Court of Colorado, En Banc.

April 10, 1972.


Attorney(s) appearing for the Case

Welborn, Cook, Phipps & Brown, David R. Phipps, Robert F. Welborn, Denver, for appellant.

Witty & Sandell, Mack Witty, Salida, for appellees.


GROVES, Justice.

C F & I Steel Corporation, referred to as the petitioner, sought to change the point of diversion of its decreed right of 5.7 cubic feet of water per second of time (cfs) for the Oak Creek Mining and Irrigating Ditch. The trial court held in favor of protestants, permitting the change as to one cfs and prohibiting any change of the remaining 4.7 cfs. We reverse and hold that the point of diversion of the entire water right may be changed.

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