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CITY OF GRAND JUNCTION v. KANNAH CREEK ASS'N

No. 27046.

557 P.2d 1169 (1976)

In the Matter of the Application for Water Rights of the City of Grand Junction, Colorado, a Municipal Corporation, in the Gunnison River or its Tributaries: Tributary involved: Kannah Creek, in Mesa County. CITY OF GRAND JUNCTION, Colorado, a Municipal Corporation, Applicant-Appellant, v. KANNAH CREEK WATER USERS ASSOCIATION et al., Protestors-Appellees.

Supreme Court of Colorado, En Banc.

December 20, 1976.

Attorney(s) appearing for the Case

D. J. Dufford, Graham & Dufford, Grand Junction, for applicant-appellant.

Anthony W. Williams, Williams, Turner & Holmes, Grand Junction, for protestors-appellees.

DAY,* Justice.

The issue on appeal in this action in this court concerns the right of the City of Grand Junction (the City) to store 10.97 cubic feet of water per second (c. f. s.) direct flow taken from the North Fork of Kannah Creek (North Fork) when such water is not required immediately for municipal purposes.

The water referee in Water District Number 4 ruled in November, 1974, that the City had sustained its burden of proof...

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