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  5. 694 P.2d 1253 (1985)
 

BAR 70 ENTERPRISES v. HIGHLAND DITCH ASS'N

No. 83SA353.

694 P.2d 1253 (1985)

BAR 70 ENTERPRISES, INC., Objector-Appellant, v. HIGHLAND DITCH ASSOCIATION, Applicant-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing February 4, 1985.

Attorney(s) appearing for the Case

Musick & Cope, Joseph A. Cope, Robert F. Wigington, Boulder, for objector-appellant.

Delaney & Balcomb, P.C., Scott Balcomb, Pamela H. Prescott, Glenwood Springs, Frank G. Cooley, Meeker, for applicant-appellee.

ROVIRA, Justice.

This case is an appeal from a decision of the district court in Water Division No. 5 (the "water court"). The water court held that the late filing of an application for a finding of reasonable diligence did not preclude the applicant from proving diligence, and found reasonable diligence in Highland Ditch Association's (Highland) development of the proposed appropriation of 50.1 cubic feet of water per second (cfs) from the White River in Rio Blanco...

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