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ORCHARD MESA IRRIGATION DIST. v. CITY & CITY. OF DENVER

No. 25645.

511 P.2d 25 (1973)

ORCHARD MESA IRRIGATION DISTRICT, Plaintiff-Appellant, v. CITY AND COUNTY OF DENVER, Acting By and Through its Board of Water Commissioners, and the Northern Colorado Water Conservancy District, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 11, 1973.

Attorney(s) appearing for the Case

Williams, Turner & Holmes, Anthony W. Williams, Grand Junction, Delaney & Balcomb, Kenneth Balcomb, Glenwood Springs, for plaintiff-appellant.

George L. Zoellner, Kenneth L. Broadhurst, James J. Petrock, Saunders, Snyder & Ross, P. C., Glenn G. Saunders, Davis, Graham & Stubbs, John M. Sayre, Denver, for defendants-appellees.

DAY, Justice.

This matter arises in connection with the application of plaintiff-appellant in Water Court, Div. 5, for a biennial finding of reasonable diligence pursuant to 1971 Perm.Supp., C.R.S.1963, 148-21-18(1)(a), amended in 1970. The Water referee found reasonable diligence concerning the conditional decree for 100 c. f. s. from the Colorado River, priority No. 360A, with a date of April 28, 1914. Northern Colorado Water Conservancy District and the City and...

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