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MATTER OF WATER RIGHTS OF FT. LYON CANAL

No. 86SA301.

762 P.2d 1375 (1988)

In the Matter of the Application for WATER RIGHTS OF the FORT LYON CANAL COMPANY and the State of Colorado, Department of Natural Resources, Division of Wildlife, in the Arkansas River, in Otero County. The FORT LYON CANAL COMPANY; and State of Colorado, Department of Natural Resources, Division of Wildlife, Applicants-Appellants, v. CATLIN CANAL COMPANY; Arkansas Valley Ditch Association; Resource Investment Group, Ltd.; and City of Fountain, Objectors-Appellees, and Public Service Company of Colorado; and "Conexsel Group," Appearants-Appellees, and Robert W. Jesse, Division Engineer, Water Division 2, State of Colorado, Appellee.

Supreme Court of Colorado, En Banc.

October 17, 1988.

Attorney(s) appearing for the Case

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, John R. Moore, Denver, for applicant-appellant The Fort Lyon Canal Co.

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., David A. Ladd, Asst. Atty. Gen., Denver, for applicant-appellant State of Colo., Dept. of Natural Resources, Div. of Wildlife.

Mitchell & Mitchell, P.C., Rexford L. Mitchell, Rocky Ford, for objectors-appellees Catlin Canal Co. and Arkansas Valley Ditch Ass'n.

Davis, Graham & Stubbs, William A. Hillhouse, II, Denver, for objector-appellee Resource Inv. Group, Ltd.

Saunders, Synder, Ross & Dickson, P.C., William B. Tourtillott, Jr., Melvin B. Sabey, Denver, for objector-appellee City of Fountain.

Kelly, Stansfield & O'Donnell, Timothy J. Flanagan, Denver, for appearants-appellees Public Service Co. of Colorado and "Conexsel Group".

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 appellee Robert W. Jesse, Div. Engineer, Water Div. 2, State of Colo.

LOHR, Justice.

This is an appeal by The Fort Lyon Canal Company (Fort Lyon) and the State of Colorado, Department of Natural Resources, Division of Wildlife (State), from a judgment of the District Court for Water Division 2 (water court) dismissing their application for a change of water right. The water right is represented by shares of capital stock in Catlin Canal Company (Catlin), a mutual ditch company. The water court based its judgment of dismissal upon its...

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