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METROPOLITAN DENVER SEWAGE v. FARMERS RES. & I. CO.

No. 24077.

499 P.2d 1190 (1972)

METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1, a district, and City and County of Denver, Acting By and Through its Board of Water Commissioners, Plaintiffs in Error, v. The FARMERS RESERVOIR AND IRRIGATION COMPANY, a Colorado corporation, et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 10, 1972.

Attorney(s) appearing for the Case

Saunders, Dickson, Snyder & Ross, P. C., Glenn G. Saunders, George L. Zoellner, Denver, for plaintiffs in error City and County of Denver.

Inman, Flynn & Coffee, P.C., John J. Flynn, Jr., Robert D. Inman, James D. Geissinger, Denver, for plaintiff in error, Metropolitan Denver Sewage Disposal Dist. No. 1.

Akolt, Shepherd, Dick & Rovira, Robert A. Dick, Stuart S. Gunckel, Denver, Miller & Ruyle, David J. Miller, Greeley, for defendants in error.

GROVES, Justice.

The defendants in error (plaintiffs) have decreed rights for irrigation purposes out of the South Platte River. In about 1937 Denver constructed a sewage treatment facility known as the Denver Northside Plant. Effluent from this plant was discharged into the South Platte River above the common headgate of the plaintiffs. Beginning in about 1966 the effluent from Denver's sewage was placed in the river downstream...

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