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CITY OF WESTMINSTER v. CITY OF BROOMFIELD

No. 86SA325.

769 P.2d 490 (1989)

The CITY OF WESTMINSTER and the City of Thornton, Objectors-Appellants, v. The CITY OF BROOMFIELD, Applicant-Appellee, and The Agricultural Ditch and Reservoir Company and the Golden Canal and Reservoir Company; the Adolph Coors Company; the City of Arvada; the Consolidated Mutual Water Company; the Farmers Reservoir and Irrigation Company; and the Public Service Company of Colorado, Objectors, and Allen Berryman, Division Engineer, Water Division No. 1.

Supreme Court of Colorado, En Banc.

February 21, 1989.

Attorney(s) appearing for the Case

Carlson, Hammond & Paddock, Mary Mead Hammond, Paula C. Phillips, Denver, for objector-appellant The City of Westminster.

Broadhurst & Petrock, Kenneth L. Broadhurst, J.J. Petrock, Frederick A. Fendel, III, White & Jankowski, Michael D. White, David F. Jankowski, Denver, for objector-appellant The City of Thornton.

Harvey W. Curtis, Stan L. Waring, Denver, for applicant-appellee The City of Broomfield.

Timothy R. Buchanan, P.C., Timothy R. Buchanan, Laura Bassein, Boulder, for objector The City of Arvada.

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

No appearance by Objectors The Agricultural Ditch and Reservoir Co. and The Golden Canal and Reservoir Co., The Adolph Coors Co., The Consolidated Mutual Water Co., The Farmers Reservoir and Irrigation Co., or by Allen Berryman, Division Engineer, Water Division No. 1.

Hayes & Phillips, P.C., Herbert C. Phillips, James S. Maloney, Denver, for amicus curiae The City of Northglenn, Colo.

KIRSHBAUM, Justice.

The City of Westminster (Westminster) and the City of Thornton (Thornton) appeal a portion of a decree entered by the water court for Water Division No. 1 approving an application filed by the City of Broomfield (Broomfield) for a change in use of water rights for 292.776 inches of water in the Church Ditch, including three inches of water which are the subject of this dispute.1 They assert that Broomfield does not...

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