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APPLICATION FOR WATER RIGHTS

No. 84SA543.

731 P.2d 665 (1987)

Concerning the Application for WATER RIGHTS OF the CITY OF AURORA, Colorado and the City of Colorado Springs, Colorado in the Eagle River or its Tributaries, Tributaries Involved: Homestake Creek and Cross Creek, in Eagle County. VAIL VALLEY CONSOLIDATED WATER DISTRICT, Objector-Appellant, v. The CITY OF AURORA, Colorado and the City of Colorado Springs, Colorado, Applicants-Appellees, and The City and County of Denver, Acting By and Through its Board of Water Commissioners, Appearant-Appellee.

Supreme Court of Colorado, En Banc.

January 20, 1987.

Attorney(s) appearing for the Case

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, P.C., T. Shaun Sullivan, David C. Hallford, Denver, for objector-appellant.

Horn, Anderson & Johnson, Louis Johnson, Gregory L. Johnson, Michael J. Gianunzio, James J. DuBois, Colorado Springs, for applicants-appellees.

Wayne D. Williams, Michael L. Walker, Casey S. Funk, Denver, for appearant-appellee.

KIRSHBAUM, Justice.

Objector, Vail Valley Consolidated Water District (Vail Valley), appeals a portion of a decree of the water court granting Applicants, City of Aurora and City of Colorado Springs (the Cities), a quadrennial finding of reasonable diligence in the development of a conditional appropriation.1 Vail Valley asserts: (1) that the Cities intentionally abandoned four of their conditional water rights; and (2) that the four conditional...

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