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MATTER OF APPLICATION FOR WATER RIGHTS

No. 83SA60.

688 P.2d 1102 (1984)

In the Matter of the APPLICATION FOR WATER RIGHTS OF CERTAIN SHAREHOLDERS IN the LAS ANIMAS CONSOLIDATED CANAL COMPANY, and the Consolidated Extension Canal Company, and Public Service Company of Colorado, In the Arkansas River, In Bent County, Colorado. Walter WAGNER, Kirk Wagner, Jackson K. Wagner, Florence Stephens, John Shiba, Alice Shiba, William R. Baker, Mary N. Baker, Eula Ridley, Robert W. West, Arlene West, Loyal S. Stephens, Irene B. Stephens, Harrell Ridley, Ollie Ridley, Loyde P. Gardner, Byrdie F. Gardner, Objectors-Appellants, v. Harvey D. ALLEN et al., Applicants-Appellees, The Southeastern Colorado Water Conservancy District et al., Objectors-Appellees, Robert W. Jesse, Division Engineer, Appellee.

Supreme Court of Colorado, En Banc.

September 17, 1984.

Attorney(s) appearing for the Case

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, P.C., David C. Hallford, Bruce D. Bernard, Denver, for objectors-appellants.

Kelly, Stansfield & O'Donnell, Timothy J. Flanagan, Holme Roberts & Owen, Kenneth J. Burke, Denver, for applicants-appellees.

KIRSHBAUM, Justice.

Objectors, minority shareholders in two mutual ditch companies, appeal a final decree entered by the district court for Water Division No. 2 approving an application for a change of water rights. We affirm, but remand with directions to amend the decree.

I

The Las Animas Consolidated Canal Company (Consolidated) is a mutual ditch company serving the irrigating needs of its shareholders on two ditches, the Consolidated or Riverside...

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