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PEOPLE v. CITY OF THORNTON

Nos. 87SA172, 87SA173.

775 P.2d 11 (1989)

The PEOPLE of the State of Colorado ex rel. Jeris A. DANIELSON, State Engineer, and Alan D. Berryman, Division Engineer for Water Division No. 1; and Cottonwood Water and Sanitation District, Appellants, v. The CITY OF THORNTON and Edward B. Sutton, Protestants-Appellees and Denver Southeast Suburban Water and Sanitation District; Arapahoe Water and Sanitation District; Parker Properties Joint Venture; Hi Plains Land and Cattle Company; MDC Land Corporation, a Colorado corporation; Twenty Mile Joint Venture, a Colorado joint venture; and Parker Water and Sanitation District, Appellees.

Supreme Court of Colorado, En Banc.

May 30, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Stephane W. Atencio, Asst. Atty. Gen., Bradley W. Cameron, Asst. Atty. Gen., Denver, for appellant State of Colo.

M.E. MacDougall, Colorado Springs, for appellant Cottonwood Water and Sanitation Dist.

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

Allbright & Buchanan, P.C., Martha Phillips Allbright, Denver, for protestant-appellee Edward B. Sutton.

Moses, Wittemyer, Harrison and Woodruff, P.C., Robert E.L. Beebe, James R. Montgomery, Boulder, for appellee Denver Southeast Suburban Water and Sanitation Dist.

Stephen T. Williamson, Christopher L. Smith, Louisville, for appellees Arapahoe Water and Sanitation Dist., Parker Properties Joint Venture, Hi Plains Land and Cattle Co., MDC Land Corp., and Twenty Mile Joint Venture.

Robert F.T. Krassa, Law Offices of Robert F.T. Krassa, P.C., Pueblo, for appellee Parker Water and Sanitation Dist.

LOHR, Justice.

This is an appeal from a judgment of the District Court for Water Division 1 (water court) deleting two water rights from the 1984 revised abandonment list prepared by the division engineer. The water rights at issue were decreed to Heim Wells Nos. 1 and 2 through a supplemental adjudication in 1972. The water court held that the division engineer had established a presumption of abandonment for both of the water rights by showing that for a period...

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