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CITY & COUNTY OF DENVER v. VAIL VALLEY

No. 85SA428.

751 P.2d 68 (1988)

CITY AND COUNTY OF DENVER, Acting By and Through Its BOARD OF WATER COMMISSIONERS, Petitioner-Appellant, v. VAIL VALLEY CONSOLIDATED WATER DISTRICT; Mobil Oil Corporation; Colorado River Water Conservation District, Objectors-Appellees, and Upper Eagle Regional Water Authority, Intervenor-Appellee.

Supreme Court of Colorado, En Banc.

February 22, 1988.

Attorney(s) appearing for the Case

Wayne D. Williams, Michael L. Walker, Henry C. Teigen, Casey S. Funk, Anne R.

Avery, Mary B. Moore, Denver, for petitioner-appellant.

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, T. Shaun Sullivan, Denver, for objector-appellee Vail Valley Consol. Water Dist.

Delaney & Balcomb, Scott Balcomb, Glenwood Springs, for objector-appellee Mobil Oil Corp. and intervenor-appellee Upper Eagle Regional Water Authority.

Donald H. Hamburg, Glenwood Springs, for objector-appellee Colorado River Water Conservation Dist.

ROVIRA, Justice.

Middle Creek flows south into Gore Creek, which in turn flows west into the Eagle River near Vail, Colorado. This case involves a dispute between the Board of Water Commissioners of the City and County of Denver ("Denver") and the Vail Valley Consolidated Water District ("Vail Valley")1 over rights to water from Middle Creek. The water court ruled against Denver. We affirm.

I.

In 1957, Denver commenced...

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