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BROYLES v. FORT LYON CANAL CO.

No. 80SA328.

638 P.2d 244 (1981)

Jake O. BROYLES, Appellant, v. The FORT LYON CANAL COMPANY, Southeastern Colorado Water Conservancy District, and Robert Jesse, Division Engineer for Water Division No. 2, Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 7, 1981.

Attorney(s) appearing for the Case

Carl M. Shinn, Lamar, for appellant.

Lefferdink & Davis, John J. Lefferdink, Lamar, Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Denver, for The Fort Lyon Canal Co., appellee.

Fairfield & Woods, Charles J. Beise, Howard K. Holme, Kevin B. Pratt, Denver, for Southeastern Colorado Water Conservancy Dist., appellee and cross-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Dennis M. Montgomery, Jeffrey J. Kahn, Asst. Attys. Gen., Denver, for State Engineer, amicus curiae.

LOHR, Justice.

The appellant, Jake O. Broyles, seeks review of a partial summary judgment entered by the water judge for Water Division No. 2, denying Broyles' application that the conditional water rights decreed to four irrigation wells in the Arkansas River Valley be made absolute. Broyles' application also requested correction of the decreed legal descriptions of three of the wells. The trial court denied the objectors' motion for a partial summary judgment on...

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