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PUBLIC SERVICE CO. v. BLUE RIVER IRR.

No. 89SA20.

782 P.2d 792 (1989)

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Objector Appellant, v. BLUE RIVER IRRIGATION COMPANY, Applicant-Appellee, and City and County of Denver, acting By and Through its Board of Water Commissioners; Town of Breckenridge; and Orlyn Bell, Division Engineer, Water Division No. 5, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

November 27, 1989.

Attorney(s) appearing for the Case

Timothy J. Flanagan and William J. Duffy, Kelly, Stansfield & O'Donnell, Denver, and James R. McCotter, Sr. Vice President and General Counsel, Public Service Co. of Colorado, of counsel, Denver, for Public Service Co. of Colorado.

Glenn E. Porzak, Holme Roberts & Owen, Boulder, for Blue River Irr. Co.

No appearance for City and County of Denver, Town of Breckenridge and Orlyn Bell, Div. Engineer, Water Div. No. 5.

Justice MULLARKEY delivered the Opinion of the Court.

In this appeal, we are asked to decide whether the water court properly interpreted our decision in Public Service Co. of Colorado v. Blue River Irrigation Co., 753 P.2d 737 (Colo.1988) (Blue River I) when it heard the case on remand. Because we conclude that the water court erred, we again reverse and we remand the case to the water court for trial.

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