COLO. RIVER WATER CONSERVATION v. VIDLER TUNNEL

No. 27968.

594 P.2d 566 (1979)

COLORADO RIVER WATER CONSERVATION DISTRICT, Opponent-Appellant, v. VIDLER TUNNEL WATER COMPANY, Applicant, State of Colorado, Department of Natural Resources and Lee Enewold, Division Engineer, Water Division No. 5, Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 4, 1979.


Attorney(s) appearing for the Case

Delaney & Balcomb, Kenneth Balcomb, Scott M. Balcomb, Glenwood Springs, for opponent-appellant.

Holme, Roberts & Owen, Peter H. Holme, Jr., Glenn E. Porzak, Denver, for applicant-appellee.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Denver, Edward G. Donovan, Sol. Gen., Gregory J. Hobbs, Jr., 1st Asst. Atty. Gen., James E. Thompson, Asst. Atty. Gen., Natural Resources Section, Denver, for appellees.


CARRIGAN, Justice.

The appellant Colorado River Water Conservation District (District) here seeks reversal of the trial court's conditional water storage decree entered under the Water Right Determination and Administration Act of 1969. Section 37-92-101, et seq., C.R.S.1973. The court awarded a conditional water storage right, with an appropriation date of August 1, 1973, to the appellee Vidler Tunnel Water Company (Vidler) for storage of 156,238 acre feet...

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