QUALLS, INC. v. BERRYMAN

No. 89SA63.

789 P.2d 1095 (1990)

Concerning the Application for Water Rights of Appellant Qualls, Inc., in Adams County. QUALLS, INC., Appellant, v. Alan D. BERRYMAN, Division Engineer, Water Division No. 1, Appellee.

Supreme Court of Colorado, En Banc.

April 9, 1990.


Attorney(s) appearing for the Case

Vranesh and Raisch, Eugene J. Roirdan and Brian M. Nazarenus, Boulder, for appellant.

No appearance for appellee.


Justice VOLLACK delivered the Opinion of the Court.

Qualls, Inc. appeals an order entered by the District Court, Water Division No. 1 (the water court), denying Qualls' motion to amend a 1988 order entered by the water court. The water court's 1988 order modified the water court's 1984 decree of conditional water rights claimed by Qualls. The 1988 order removed the diligence requirement from the 1984 decree and declared that the water court would retain jurisdiction...

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