IN RE OXLEY

No. 25741.

513 P.2d 1062 (1973)

In the Matter of the Application for Water Rights of John T. OXLEY and Mills E. Bunger, in the Gunnison and Arkansas Rivers: Tributaries: Anthracite, Crystal and Roaring Fork, in Gunnison County. Mills E. BUNGER, Applicant-Appellant, v. COLORADO RIVER WATER CONSERVATION DISTRICT, et al., Opponents-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 17, 1973.


Attorney(s) appearing for the Case

Henry, Cockrell, Quinn & Creighton, Benjamin L. Craig, Peter J. Wiebe, Jr., Denver, for applicant-appellant.

Delaney & Balcomb, Scott M. Balcomb, Glenwood Springs, for opponent-appellee Colo. River Water Conservation Dist.

R. A. Santarelli, Gunnison, for opponents-appellees City of Gunnison, Colo., and the County of Gunnison, Colo.

Seraphine, Bratton & Alexander, L. Richard Bratton, Gunnison, for opponents-appellees Upper Gunnison River Water Conservancy Dist., Gunnison County Chamber of Commerce, Gunnison Soil Conservation Dist., Cimarron Canal & Reservoir Co., Bostwick Park Water Conservancy Dist.

Gorsuch, Kirgis, Campbell, Walker & Grover, Terry Nobel Fiske, Denver, for opponent-appellee Atlantic Richfield Co.

Klingsmith & Russell, Dorothy F. Nuttall, Gunnison, for opponents-appellees Sammons Land & Cattle Co., Hubert Wright, Burton Wright, Robert B. Willey, Ruth L. Willey, Powderhorn 4-H Club, Upper Gunnison Water Protection Authority, Town of Lake City, Colo., Dos Rios Ranches, Inc., Stephenson, Inc., Raleigh E. Flick, John Flick, Mitchell Ranch Co., R. I. Vader & Sons, Inc., Taramarcaz Ranch, F. Lynn French, Kenneth Newbury, Fred Glass, Town of Crested Butte, Colo., Crested Butte Water & Sanitation Dist., The Corp. of The Rocky Mountain Biological Laboratory at Gothic, Board of County Commissioners of the County of Gunnison, Colo.


DAY, Justice.

This is an appeal from a judgment and decree denying appellant's application for water rights entered by the Water Court for water division No. 4.

Applicant-appellant Mills E. Bunger, hereinafter referred to as Bunger or appellant, together with one John T. Oxley, filed eleven applications for the determination of water rights pursuant to 1971 Perm.Supp., C.R.S.1963, 148-21-18. Statements of opposition to the applications were filed by various...

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