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BEAVER PARK WATER, INC. v. CITY OF VICTOR

No. 80SA340.

649 P.2d 300 (1982)

BEAVER PARK WATER, INC., a Colorado Corporation; City of Colorado Springs, a Municipal Corporation, and Penrose Water District, Plaintiffs-Appellants, v. CITY OF VICTOR, a Municipal Corporation, Texasgulf Golden Cycle Mining Company, a joint venture consisting of Texasgulf, Inc., a Texas Corporation and Golden Cycle Gold Corporation, a Colorado Corporation; Golden Cycle Gold Corporation, a Colorado Corporation; and Golden Cycle Land Corporation, a Colorado Corporation, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 16, 1982.

Attorney(s) appearing for the Case

George W. Woodard, Alamosa, Horn, Anderson & Johnson, Louis Johnson, Colorado Springs, for plaintiffs-appellants.

Jenkins, O'Rourke & Breitenbach, Patti F. O'Rourke, Pueblo, for Penrose Water Dist.

Geddes, MacDougall, Geddes & Paxton, P. C., M. E. MacDougall, Wilder & Wells, Jeffrey M. Wells, Holme, Roberts & Owen, Michael F. Browning, Colorado Springs, for defendants-appellees.

Holme, Roberts & Owen, Glenn E. Porzak, Denver, for Texasgulf, Inc., a Texas Corp., Golden Cycle Gold Corp., a Colorado Corp. and the Texasgulf Golden Cycle Mining Co.

HODGES, Chief Justice.

In the District Court in and for Water Division No. 2 (water court), the plaintiffs-appellants sought a judgment declaring that the "Altman water rights" located in Beaver Creek and now owned and used by the City of Victor, a defendant-appellee, were abandoned because of nonuse between the years 1957 and 1977, and an order restraining the appellees from extracting any water by virtue of these water decrees which had priority dates in 1861 and...

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