FORT LYON CANAL CO. v. CATLIN CANAL CO.

No. 80SA468.

642 P.2d 501 (1982)

FORT LYON CANAL CO. and the State of Colorado, Department of Natural Resources, Division of Wildlife, Applicants-Appellants, v. CATLIN CANAL COMPANY, Amity Mutual Irrigation Company, District 67 Irrigation Canal Association, the Holbrook Irrigating Company, Las Animas Consolidated Canal Company, Southeastern Colorado Water Conservancy District, Objectors-Appellees. and Robert W. Jesse, Division Engineer for Water Division No. 2, Appellee.

Supreme Court of Colorado, En Banc.

March 22, 1982.


Attorney(s) appearing for the Case

Lefferdink & Davis, John J. Lefferdink, Lamar, Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, David C. Hallford, Denver, for applicant-appellant Fort Lyon Canal Co.

Joel Cantrick, First Asst. Atty. Gen., Dennis M. Montgomery, Asst. Atty. Gen., Natural Resources Section, Denver, for applicant-appellant The State of Colorado, Department of Natural Resources, Division of Wildlife.

Mitchell & Mitchell, P. C., Rexford L. Mitchell, Rocky Ford, for objector-appellee Catlin Canal Co.

Carl M. Shinn, Lamar, for objectors-appellees Amity Mutual Irrigation Co. and District 67 Irrigation Canal Association.

Ralph N. Wadleigh, La Junta, for objectors-appellees Holbrook Irrigating Co. and Las Animas Consolidated Canal Co.

Fairfield & Woods, Charles J. Beise, Denver, for objector-appellee Southeastern Colorado Water Conservancy Dist.

J. D. MacFarlane, Atty. Gen., Denver, for Robert W. Jesse, appellee.

George Woodard, Alamosa, for amicus curiae Rio Grande Water Users Association.


LOHR, Justice.

The District Court for Water Division No. 2 (water court) dismissed the application of The Fort Lyon Canal Company (Ft. Lyon) and The State of Colorado, Department of Natural Resources, Division of Wildlife (State), for a change in the point of diversion of certain water rights owned by the State and represented by shares of stock in Catlin Canal Company, a mutual ditch company (Catlin). The water court determined...

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