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ORR v. CITY AND COUNTY OF DENVER

No. 27436.

572 P.2d 805 (1977)

Application for Water Rights of John E. ORR, in Weld County, Colorado, Applicant-Appellee, v. CITY AND COUNTY OF DENVER, acting By and Through its Board of Water Commissioners, Weldon Valley Ditch Company, and the Irrigationists Assoc., Protestants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 24, 1977.

Attorney(s) appearing for the Case

Alvin L. Steinmark, Greeley, for applicant-appellee.

Michael L. Walker, Denver, for protestant-appellant, City and County of Denver.

Glenn G. Saunders, Denver, for protestant-appellant, Weldon Valley Ditch Co.

Donald F. McClary, Fort Morgan, for protestant-appellant, Irrigationists Ass'n.

GROVES, Justice.

The water court granted the applicant's application for underground water rights and the use of well water as alternate points of diversion for the applicant's decreed surface water. The protestants objected there and here on the grounds that the rights represented by the applicant's surface decrees had been abandoned in whole or in substantial part, and that the change in points of diversion requested by the applicants would cause substantial injury...

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