TOWN OF DE BEQUE v. ENEWOLD

Nos. 28464, 28465, 28466 and 28467.

606 P.2d 48 (1980)

The TOWN OF DE BEQUE, Appellant, v. Lee R. ENEWOLD, Division Engineer of Water Division No. 5, State of Colorado, Appellee. The COLORADO RIVER WATER CONSERVATION DISTRICT, The Middle Park Water Conservancy District, the City of Aspen, the Board of Commissioners of the County of Pitkin, the Basalt Water Conservancy District, the West Divide Water Conservancy District, and the Bluestone Water Conservancy District, Appellants, v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT and Municipal Subdistrict, Northern Colorado Water Conservancy District, City and County of Denver, acting by and through its Board of Water Commissioners, Vidler Tunnel Water Co., the United States of America, and Lee R. Enewold, Division Engineer of Water Division No. 5, State of Colorado, Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 25, 1980.


Attorney(s) appearing for the Case

Holland & Hart, John U. Carlson, Robert M. Pomeroy, Jr., Denver, for The Town of De Beque, Colorado River Water Conservation Dist., The Basalt Water Conservancy Dist., the West Divide Water Conservancy Dist. and The Bluestone Water Conservancy Dist., appellants.

Baker & Cazier, Stanley W. Cazier, Granby, for The Middle Park Water Conservancy Dist., appellant.

Musick, Williamson, Schwartz, Leavenworth & Cope, P. C., Loyal E. Leavenworth, Glenwood Springs, for The City of Aspen and The Bd. of Commissioners of the County of Pitkin, appellants.

Davis, Graham & Stubbs, John M. Sayre, Robert V. Trout, Denver, for Northern Colorado Water Conservancy Dist. and Municipal Subdistrict and Northern Colorado Water Conservancy District, appellees.

Wayne D. Williams, Michael L. Walker, Denver, for City and County of Denver, appellee.

Holme, Roberts & Owen, Glenn E. Porzak, Michael F. Browning, Denver, for Vidler Tunnel Water Co., appellee.

Joseph F. Dolan, U. S. Atty., Hank Meshorer, Trial Atty., Denver, for The United States of America, appellee.


ROVIRA, Justice.

This case consolidated, on appeal, four conditional water right diligence applications originally filed in Water Division No. 5: Case No. W-2118-77, the diligence application of the Town of De Beque (De Beque), and Case Nos. W-44, W-789, and W-789-76, which are the successive diligence applications in 1970, 1972, and 1976 of the Colorado River Water Conservation District (River District).

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