TELLURIDE CO. v. DIVISION ENGINEER, ETC.

No. 27871.

575 P.2d 1297 (1978)

The TELLURIDE COMPANY, Petitioner-Appellant, v. The DIVISION ENGINEER IN AND FOR WATER DIVISION NO. 4, State of Colorado, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

March 20, 1978.


Attorney(s) appearing for the Case

Yegge, Hall & Evans, Michael D. White, David F. Jankowski, Denver, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Gregory J. Hobbs, Jr., First Asst. Atty. Gen., James E. Thompson, Asst. Atty. Gen., Denver, for respondent-appellee.


PER CURIAM.

In a proceeding supplementary to the granting of certain conditional water rights, the referee made an amended ruling in which he intended to mention, but did not mention, the rights of three springs which are a part of the Boomerang Water System, namely, Nelson Springs, Jennings No. 1 Spring and Jennings No. 2 Spring. The amended ruling was confirmed by the water court on October 23, 1973.

Approximately 3½ years later, the petitioner-appellant...

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