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TWIN LAKES RESERVOIR & CANAL CO. v. CITY OF ASPEN

No. 27028.

557 P.2d 825 (1976)

TWIN LAKES RESERVOIR & CANAL COMPANY, Plaintiff-Appellant, v. CITY OF ASPEN et al., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 3, 1977.

Attorney(s) appearing for the Case

Holland & Hart, John Undem Carlson, James E. Boicourt, Denver, Lawrence L. Fenton, Ordway, for plaintiff-appellant.

Vranesh & Musick, John D. Musick, Jr., Boulder, Sandra Stuller, City Atty., City of Aspen, Richard E. Wood, County Atty., County of Pitkin, Fitzhugh Scott, III, Aspen, J. E. Devilbiss, Carbondale, for defendant-appellees.

GROVES, Justice.

This case is here on the denial of an application for a conditional water right by the Water Judge of Colorado's Water Division No. 5. Involved are proposed increases of conditional decrees for some of the component parts of the Independence Pass Transmountain Diversion System ("IPTDS"). The applicant and operator of the system is the appellant Twin Lakes Reservoir and Canal Company ("Twin Lakes"). We reverse.

Twin Lakes diverts water from...

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