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CITY OF ASPEN v. COLO. RIVER WATER CONS. D.

No. 82SA478.

696 P.2d 758 (1985)

CITY OF ASPEN and Board of County Commissioners of Pitkin County, Applicants-Appellants, v. COLORADO RIVER WATER CONSERVATION DISTRICT, Objector-Appellee, and United States of America and Exxon Company, U.S.A., Appearants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 11, 1985.

Attorney(s) appearing for the Case

Musick and Cope, John D. Musick, Jr., Robert F. Wigington, Boulder, Paul Taddune, City Atty., City of Aspen, Wesley A. Light, County Atty., Pitkin County, Aspen, for applicants-appellants.

Donald H. Hamburg, Glenwood Springs, for objector-appellee.

Carol E. Dinkins, Asst. U.S. Atty. Gen., Robert L. Klarquist, Thomas H. Pacheco, Attys., U.S. Dept. of Justice, Washington, D.C., John R. Hill, Jr., Atty., U.S. Dept. of Justice, Denver, for appearant-appellee United States of America.

Holme Roberts & Owen, Glenn E. Porzak, Denver, for appearant-appellee Exxon Company, U.S.A.

LOHR, Justice.

The City of Aspen and the Board of County Commissioners of Pitkin County ("Aspen" and "Pitkin County," or "Applicants") appeal from a judgment of the water judge for Water Division 5 dismissing their application for a decree of a conditional water storage right. We reverse the judgment and remand for further proceedings.

I.

We summarize the facts as stipulated by the parties, found by the water judge, or otherwise established by the...

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