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SOUTHEASTERN COLO. WATER v. CITY OF FLORENCE

No. 83SA30.

688 P.2d 715 (1984)

SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, Objector and Appellant, v. The CITY OF FLORENCE, a Colorado Statutory City, the Town of Coal Creek, a Colorado Statutory Town, and the Town of Williamsburg, a Colorado Statutory Town, Applicants and Appellees, C.F. & I. Steel Corporation, Union Ditch and Water Company, Lester and Attebery Ditch, Fremont Irrigating Ditch Company, and Robert W. Jesse, Division Engineer, Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 9, 1984.

Attorney(s) appearing for the Case

Howard Holme, Charles J. Beise, Kevin B. Pratt, Fairfield & Woods, Denver, for objector and appellant.

Robert F.T. Krassa, Pueblo, for applicants and appellees.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., William A. Paddock, First Asst. Atty. Gen., Natural Resources Section, Denver, for Robert W. Jesse, Division Engineer.

DUBOFSKY, Justice.

The Southeastern Colorado Water Conservancy District (the objector) appeals a ruling of the district court for Water Division No. 2 (the water court) which decreed to the City of Florence, the Town of Coal Creek and the Town of Williamsburg (the applicants) a conditional right to divert 100 cubic feet per second (c.f.s.) of surface water from the Arkansas River. The objector contends that the water court...

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