IN RE WATER DISTRICT NO. 11, WATER DIVISION NO. 2

No. 24664.

496 P.2d 311 (1972)

In the Matter of Adjudication of Priorities to the Right to the Use of Water for Irrigation and Nonirrigation Purposes in WATER DISTRICT NO. 11, WATER DIVISION NO. 2, in the State of Colorado, No. 5141, in Chaffee County District Court. Eugene A. BOND (1) As Protestant to the Claim of the Twin Lakes Reservoir and Canal Company as Claimant to Its Third and Fourth Enlargements to Its Twin Lakes Reservoir; and (2) As Protestant to the Claim of the Southeastern Colorado Water Conservancy District, Claimant to its First Amended Claim for its Twin Lakes Reservoir; and (3) Eugene A. Bond, as Claimant for his Cache Creek Reservoir and Water System, Plaintiff in Error, v. (1) The TWIN LAKES RESERVOIR AND CANAL COMPANY, as Claimant to Its Third and Fourth Enlargements to its Twin Lakes Reservoir; and (2) The Southeastern Colorado Water Conservancy District, as Claimant to its First Amended Claim to its Twin Lakes Reservoir; and (3) The Twin Lakes Reservoir and Canal Company, the Southeastern Colorado Water Conservancy District, the C. F. & I. Steel Corporation, the Amity Mutual Irrigating Company, the Bessemer Irrigating Ditch Company, the Booth-Orchard Grove Ditch Company, the Excelsior Irrigating Ditch Company, the Fort Lyon Canal Company, Oxford Farmers Ditch Company, Inc., the Buffalo Mutual Irrigation Company and the Arkansas Valley Ditch Association, as Protestants to the Statement of Claim of Eugene A. Bond, for his Cache Creek Reservoir and Water System, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 8, 1972.


Attorney(s) appearing for the Case

Eugene A. Bond, Denver, for plaintiff in error, and Counsel pro se.

Raphael J. Moses, Boulder, Lawrence L. Fenton, Ordway, Holland & Hart, James E. Hegarty, Denver, for The Twin Lakes Reservoir and Canal Co.

Fairfield & Woods, Charles J. Beise, Denver, for The Southeastern Colorado Water Conservancy District.

Welborn, Cook, Phipps & Brown, David R. Phipps, Denver, for The C. F. & I. Steel Corp.

Holland & Hart, James E. Hegarty, Michael D. White, John U. Carlson, Denver, for The Amity Mutual Irrigating Co., The Bessemer Irrigating Ditch Co., The Booth-Orchard Grove Ditch Co., The Excelsior Irrigating Ditch Co., The Fort Lyon Canal Co., Oxford Farmers Ditch Co., Inc., The Buffalo Mutual Irrigating Co., and The Arkansas Valley Ditch Assn.


DAY, Justice.

Challenge to conditional decrees of the district court in supplemental water adjudication proceedings brought pursuant to the Adjudication Act of 1943 is the basis for the consolidated writs of error brought in this court. Decrees granted in the court below were as follows: To the Twin Lakes Reservoir and Canal Company (hereinafter the Reservoir Company) for a conditionally decreed amount of water to be appropriated from Twin Lakes; to Southeastern Colorado...

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