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PUBLIC SERVICE CO. v. BLUE RIVER IRR.

No. 86SA10.

753 P.2d 737 (1988)

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Appellant and Cross-Appellee, v. BLUE RIVER IRRIGATION COMPANY, Appellee and Cross-Appellant, City and County of Denver, Acting By and Through its Board of Water Commissioners; Town of Breckenridge; and Orlyn Bell, Division Engineer, Water Division No. 5, Appellees.

Supreme Court of Colorado, En Banc.

April 4, 1988.

Attorney(s) appearing for the Case

Timothy J. Flanagan, Kelly, Stansfield & O'Donnell, Denver, for Public Service Co. of Colorado.

Glenn E. Porzak, Alan D. Greenberg, Holme Roberts & Owen, Boulder, for Blue River Irr. Co.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Wendy C. Weiss, First Asst. Atty. Gen., Natural Resources, Denver, for Div. Engineer, Water Div. No. 5.

MULLARKEY, Justice.

Public Service Company of Colorado (Public Service) appeals from the water court's summary judgment granting Blue River Irrigation Company's (Blue River's) application for a quadrennial finding of reasonable diligence. Blue River cross-appeals from the water court's ruling allowing Public Service to participate in the hearing on Blue River's application. We conclude that Public Service was a proper party and that the water court improperly limited...

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