APPLICATION OF TALCO, LTD.

No. 87SA50.

769 P.2d 468 (1989)

In the Matter of the Application of TALCO, LTD. for a Quadrennial Finding of Reasonable Diligence (Case No. 85CW299) and to Change Water Right (Case No. 85CW300) in Delta County, Colorado, TALCO, LTD., Appellant, v. Jeris A. DANIELSON, State Engineer, and Thomas A. Kelly, Division Engineer for Water Division No. 4; William T. McCluskey, d/b/a Columbine Ranch; and Grand View Canal and Irrigation Company, Appellees.

Supreme Court of Colorado.

Rehearing Denied February 21, 1989.


Attorney(s) appearing for the Case

Klingsmith & Associates, P.C., P.C. Klingsmith, Gunnison, for appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Stephane Walter Atencio, Asst. Atty. Gen., Denver, for appellees Jeris A. Danielson, State Engineer, and

Thomas A. Kelly, Div. Engineer for Water Div. No. 4.

No appearance for appellees William T. McCluskey or Grand View Canal and Irrigation Co.


LOHR, Justice.

Talco, Ltd. (Talco) appeals from a judgment of the District Court for Water Division 4 (water court) granting the motions of the State Engineer and the Division Engineer for Water Division 4 to dismiss Talco's application for a quadrennial finding of reasonable diligence and its application for a partial change of point of diversion. Both applications relate to a conditional water right for 0.555 cubic feet per second (cfs) from the Smith Fork River...

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