SOUTHEASTERN COLORADO WATER v. O'NEILL

No. 90SA332.

817 P.2d 500 (1991)

SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, Complainant-Appellee, and Cache Creek Mining Trust, Board of Water Works of Pueblo, Colorado, Twin Lakes Reservoir and Canal Company, City of Colorado Springs, City of Aurora, United States of America, State Engineer, Jeris A. Danielson, and the Division Engineer for Water Division No. 2 and Parkville Water District, Respondents-Appellees, v. Dennis O'NEILL, Respondent-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 21, 1991.


Attorney(s) appearing for the Case

Fairfield and Woods, P.C., Howard Holme, Stephen H. Leonhardt, Denver, for complainant-appellee.

Peterson & Fonda, William F. Mattoon, Pueblo, for Bd. of Water Works of Pueblo.

Carlson, Hammond & Paddock, John U. Carlson, Tod J. Smith, Lee H. Johnson, Denver, for Twin Lakes Reservoir and Canal Co., and Sp. Counsel to Bd. of Water Works of Pueblo.

Anderson, Johnson & Gianunzio, Gregory L. Johnson, Colorado Springs, for City of Colorado Springs.

Petrock, Fendel & Dingess, P.C. John M. Dingess, Denver, for City of Aurora.

Michael J. Norton, U.S. Atty., John R. Hill, Jr., U.S. Dept. of Justice, Environment and Natural Resources Div., Denver, for U.S.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patrick E. Kowaleski, Asst. Atty. Gen., Denver, for State Engineer and Div. Engineer for Water Div. No. 2.

Cosgriff, Dunn & Berry, P.C., Peter Cosgriff, Leadville, for Parkville Water Dist.

Dennis O'Neill, pro se.

John W. Dunn, County Atty., for amicus curiae Bd. of County Com'rs of Lake County.


Justice QUINN delivered the Opinion of the Court.

This case is a sequel to our decision in Southeastern Colorado Water Conservancy District v. Twin Lakes Associates, Inc., 770 P.2d 1231 (Colo.1989). In that decision we affirmed a judgment of the water court which determined that six water rights decreed in 1912 to three ditches had been abandoned, and which canceled the water rights and permanently enjoined any future diversions...

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