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MUNICIPAL SUBDISTRICT v. RIFLE SKI CORP.

No. 84SA442.

726 P.2d 635 (1986)

MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT, Protestant-Appellant, v. RIFLE SKI CORPORATION, Applicant-Appellee, and Orlyn J. Bell, Division Engineer, Appellee.

Supreme Court of Colorado, En Banc.

September 8, 1986.

Attorney(s) appearing for the Case

Davis, Graham & Stubbs, John M. Sayre, Robert V. Trout, Bennett W. Raley, Denver, for protestant-appellant.

John W. Savage, Jr., Rifle, for applicant-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Jeffrey J. Kahn, Asst. Atty. Gen., Denver, for appellee.

ERICKSON, Justice.

This appeal centers upon the interpretation of the Water Right Determination and Administration Act of 1969 (1969 Act). Section 37-92-301(4), 15 C.R.S. (1973), of the 1969 Act requires the holder of a conditional water right to obtain quadrennial findings in the water court that the conditional right is being developed with reasonable diligence. The appellant-protestant, Municipal Subdistrict, Northern Colorado Water Conservancy District (Subdistrict...

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