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BROYLES v. FORT LYON CANAL CO.

Nos. 83SA351, 83SA456.

695 P.2d 1136 (1985)

Jake O. BROYLES, Applicant-Appellant, v. The FORT LYON CANAL COMPANY and Southeastern Colorado Water Conservancy District, Objectors-Appellees, and Robert Jesse, Division Engineer for Water Division 2, and State of Colorado Department of Natural Resources, Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 11, 1985.

Attorney(s) appearing for the Case

Fairfield & Woods, Howard Holme, Kevin B. Pratt, Denver, for objector-appellee Southeastern Colorado Water Conservancy Dist.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Paula C. Phillips, Asst. Atty. Gen., Denver, for appellee Robert Jesse, Div. Engineer for Water Div. 2.

No appearance for appellee State of Colo. Dept. of Natural Resources.

Shinn Lawyers, Carl M. Shinn, Lamar, for applicant-appellant.

Lefferdink & Davis, John J. Lefferdink, Lamar, Calkins, Kramer, Grimshaw & Harring, P.C., Wayne B. Schroeder, P.C., Bruce D. Bernard, Denver, for objector-appellee The Fort Lyon Canal Co.

LOHR, Justice.

In these consolidated cases, Jake Broyles appeals from two separate judgments of the Water Judge of the District Courts in and for Water Division 2. Both judgments arose out of the same proceeding—Broyles' 1979 application for a determination that several conditional underground water rights had become absolute by reason of completion of the appropriations, and for a quadrennial finding of reasonable diligence in the development of one of those...

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