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CITY & COUNTY OF DENVER BD. OF W. C. v. FULTON IRR. D. CO.

No. 25129.

506 P.2d 144 (1972)

CITY AND COUNTY OF DENVER, a municipal corporation, Acting By and Through its BOARD OF WATER COMMISSIONERS, and Adolph Coors Company, a Colorado corporation, Plaintiffs-Appellants, v. The FULTON IRRIGATING DITCH COMPANY et al., Defendants-Appellees, The Cache La Poudre Water Users Association, a Colorado corporation, Intervenor-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 26, 1973.

Attorney(s) appearing for the Case

George L. Zoellner, Kenneth L. Broadhurst, James J. Petrock, Saunders, Dickson, Snyder & Ross, P.C., Glenn G. Saunders, Denver, for plaintiffs-appellants.

Leo N. Bradley, Golden, for Adolph Coors Co.

Davis, Graham & Stubbs, John M. Sayre, William A. Hillhouse II, Donald E. Phillipson, Denver, Gaunt, Byrne & Dirrim, Brighton, for defendants-appellees.

Fischer & Beatty, Fort Collins, for intervenor-appellee.

Leland M. Coulter, Aurora, for amicus curiae, City of Aurora.

Petersen, Evensen, Mattoon & Tracy, Pueblo, for amicus curiae, Board of Water Works of Pueblo.

Smart & Smart, P.C., Denver, for amicus curiae, Colo. Open Space Council, Inc.

GROVES, Justice.

This is an appeal from the decision in a declaratory judgment action by the plaintiffs, City and County of Denver (Denver) and the Adolph Coors Company (Coors). At issue are questions of Denver's rights in water obtained through transmountain diversions. These diversions are of water from the Colorado River Basin, which naturally flows westerly from the west side of the Continental Divide to the Pacific Ocean. The waters are diverted to the South...

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