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FORT LYON CANAL CO. v. AMITY MUT. IRR. CO.

No. 82SA226.

688 P.2d 1110 (1984)

The FORT LYON CANAL COMPANY, Protestant-Appellant, v. The AMITY MUTUAL IRRIGATION COMPANY, Applicant-Appellee, and Jeris A. Danielson, State Engineer, and Robert W. Jesse, Division Engineer, Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 22, 1984.

Attorney(s) appearing for the Case

Lefferdink & Davis, John J. Lefferdink, Lamar, Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, P.C., Ronda L. Sandquist, Denver, for protestant-appellant Fort Lyon Canal Co.

Carl M. Shinn, Lamar, for applicant-appellee Amity Mut. Irr. Co.

Jeris A. Danielson, State Engineer, Denver, Robert W. Jesse, Div. Engineer, Pueblo, no appearance.

LOHR, Justice.

This is an appeal by The Fort Lyon Canal Company (Fort Lyon) from a decree of the District Court for Water Division No. 2, granting to The Amity Mutual Irrigation Company (Amity) an absolute storage right for 2,565 acre feet of water and a conditional storage right for 12,635 acre feet. We reverse.

On May 21, 1979, Amity applied for the right to store 15,200 acre feet of water in the Horse Creek Reservoir, fed by Wild Horse Creek. The proposed...

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