In re question submitted by the United States Court of Claims in its proceeding No. 105-75 entitled A-B CATTLE COMPANY et al., Plaintiffs,
v.
UNITED STATES of America, Defendant.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
December 13, 1978.
Rehearing Denied January 29, 1979.
Attorney(s) appearing for the Case
Leo S. Altman, Pueblo, for plaintiff The Bessemer Irrigating Ditch Co.
Saunders, Snyder, Ross & Dickson, Glenn G. Saunders, John M. Dickson, Denver, for all plaintiffs except The Bessemer Irrigating Ditch Co.
James W. Moorman, Asst. U. S. Atty. Gen., Washington, D. C., Hank Meshorer, Trial Atty., Dept. of Justice, Denver, Donald W. Redd, Atty., Dept. of Justice, Washington, D. C., John R. Little, Jr., Regional Sol., Ralph Canaday, Atty., Dept. of Interior, Denver, J. D. MacFarland, 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 amicus curiae State of Colorado.
Fairfield & Woods, Charles J. Beise, Howard K. Holme, Denver, for amicus curiae Southeastern Colo. Water Conservancy Dist.
Maynes & Anesi, Frank E. Maynes, Durango, for amicus curiae Southwestern Colo. Water Con. Dist.
Delaney & Balcomb, Kenneth Balcomb, Glenwood Springs, for amicus curiae Colo. River Water Cons. Dist.
Ireland, Stapleton, Pryor & Holmes, D. Monte Pascoe, Denver, for amicus curiae Lower South Platte Water Conservancy Dist.
Supreme Court of Colorado, En Banc.
GROVES, Justice.
Upon rehearing, this is our response to a question certified to us by The United States Court of Claims in its case No. 105-75 pursuant to C.A.R. 21.1. The question so certified is:
"Under Colorado law, does the owner of a decreed water right to divert and use water from a natural stream have a right to receive water of such quality and condition, including the silt content thereof, as has historically been received under that right...
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