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SOUTHEASTERN COLO. W. C. DIST. v. SHELTON FARMS, INC.

Nos. 26420, 26432.

529 P.2d 1321 (1974)

SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT et al., Objectors-Appellants, v. SHELTON FARMS, INC., Claimant-Appellee. SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, Objector-Appellant, v. COLORADO-NEW MEXICO LAND CO., INC., Claimant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearings Denied January 6, 1975.

As Modified on Denial of Rehearing January 20, 1975.

Attorney(s) appearing for the Case

Fairfield & Woods, Charles J. Beise, Howard K. Holme, Denver, for objector-appellant Southeastern Colo. Water Conservancy Dist.

Lefferdink, Legg & Nieschburg, John J. Lefferdink, Lamar, for objector-appellant Fort Lyon Canal Co.

Ralph N. Wadleigh, La Junta, for objector-appellant Holbrook Mut. Irrigation Co.

Mendenhall & Mendenhall, Cover Mendenhall, H. Barton Mendenhall, Rocky Ford, for claimant-appellee Shelton Farms, Inc.

Moses, Wittemyer & Harrison, P. C., John Wittemyer, Boulder, for claimant-appellee Colorado-New Mexico Land Co., Inc.

Davis, Graham & Stubbs, Clyde O. Martz, William A. Hillhouse II, Lenard D. Rioth, Denver, for Colo. Water Protective and Development Ass'n, amicus curiae.

DAY, Justice.

This is an appeal from two judgments and decrees awarding appellees Shelton Farms and Colorado-New Mexico Land Company ("the Company") water rights free from the call of any and all senior decreed water rights on the Arkansas River.

This case, so far as we are advised, is of first impression in the United States, dealing with whether the killing of water-using vegetation and the filling of a marshy area to prevent evaporation can produce a superior...

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