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FORT LYON CANAL v. PURGATOIRE RIVER

No. 90SA420.

818 P.2d 747 (1991)

Concerning the Application for Water Rights of: Purgatoire River Water Conservancy District, In Las Animas County. The FORT LYON CANAL COMPANY, Appellant/Cross-Appellee, v. PURGATOIRE RIVER WATER CONSERVANCY DISTRICT, Appellee/Cross-Appellant, and the Southeastern Colorado Water Conservancy District, Steven J. Witte, Division Engineer, Water Division No. 2, District 67 Irrigating Canals Association, individually, and for its members, as follows: the Amity Mutual Irrigation Company, the Fort Bent Canal and Irrigation Company, Keesee Ditch, Buffalo Mutual Irrigation Company, X Y & Graham Canals, Lamar Canal and Irrigation Company, Manval Canal and Irrigation Company, the Hyde Mutual Ditch Company, and the Amity Mutual Irrigation Company, individually, and Jake O. Broyles, individually, Appellees.

Supreme Court of Colorado, En Banc.

October 7, 1991.

Attorney(s) appearing for the Case

Lefferdink & Bullock, John S. Lefferdink, Lamar, for appellant/cross-appellee.

M.E. MacDougall, Colorado Springs, for Purgatoire River Water Conservancy Dist.

Shinn Lawyers, Carl M. Shinn, Lamar, for District 67 Irrigating Canals Ass'n and Jake O. Broyles.

Chief Justice ROVIRA delivered the Opinion of the Court.

This appeal brought by the Fort Lyon Canal Company (Fort Lyon) arises from an order of the Water Judge of the District Court in and for Water Division 2 reinstating a conditional water right held by Purgatoire River Water Conservancy District (Purgatoire). The order of reinstatement followed an order canceling Purgatoire's right for failure to comply with the quadrennial filing deadline for an application for...

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