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CITY OF FLORENCE v. BOARD OF WATERWORKS

No. 88SA117.

793 P.2d 148 (1990)

The CITY of FLORENCE, a Colorado city; and the City of Canon City, a Colorado city, Objectors-Appellants, v. The BOARD OF WATERWORKS OF PUEBLO, Colorado, Applicant-Appellee,

Supreme Court of Colorado, En Banc.

June 11, 1990.

Attorney(s) appearing for the Case

Krassa, Lindholm, Kumli & Madsen, Robert F.T. Krassa, Boulder, for City of Florence.

Law Firm of John A. McDermott, Roger M. Breyfogle and Gary E. Wint, Canon City, for City of Canon City.

Carlson, Hammond & Paddock, John U. Carlson, M. Wray Witten, Denver, and Petersen & Fonda, and William F. Mattoon, Pueblo, for Bd. of Waterworks of Pueblo, Colo.

Justice ROVIRA delivered the opinion of the Court.

The Cities of Florence and Canon City (cities) appeal that portion of the judgment and decree issued by the water court holding that the retained jurisdiction provision of section 37-92-304(6), 15 C.R.S. (1989), was inapplicable because Pueblo's exchange plan did not involve a change of water right or a plan for augmentation. Under the facts of this case, we believe that...

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