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FRONTIER DITCH v. S.E. COLO. WATER CONS.

No. 87SA106.

761 P.2d 1117 (1988)

FRONTIER DITCH COMPANY, Applicant-Appellant, v. SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT; Amity Mutual Irrigation Company; Arkansas Valley Ditch Association; Robert W. Jesse, Division Engineer and Jeris A. Danielson, State Engineer, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearings October 11, 1988.

Attorney(s) appearing for the Case

Robert F.T. Krassa, P.C., Robert F.T. Krassa, Pueblo, for applicant-appellant.

Fairfield & Woods, P.C., Howard Holme, Kevin B. Pratt, Stephen H. Leonhardt,

Denver, for objector-appellee Southeastern Colorado Water Conservancy Dist.

Shinn Lawyers, Carl M. Shinn, Lamar, for objector-appellee Amity Mut. Irr. Co.

Mitchell & Mitchell, P.C., Rexford L. Mitchell, Rocky Ford, for objector-appellee Arkansas Valley Ditch Assn.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Wendy C. Weiss, First Asst. Atty. Gen., Denver, for objectors-appellees State Engineer and Div. Engineer for Water Div. No. 2.

QUINN, Chief Justice.

This appeal requires us to determine whether Article VI of the Arkansas River Compact, § 37-69-101, 15 C.R.S. (1973), prohibits a Colorado water court from exercising jurisdiction over the Frontier Ditch Company's application for a determination of a water right based on the Frontier Canal's diversion of water in Colorado from tributaries of the Arkansas River for the purpose of irrigating lands located entirely in Kansas. The water court...

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