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SOUTH ADAMS COUNTY v. BROE LAND CO.

No. 90SA264.

812 P.2d 1161 (1991)

SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT and the City and County of Denver, Acting By and Through its Board of Water Commissioners, Opposers-Appellants, v. The BROE LAND COMPANY, Applicant-Appellee, and Centennial Water and Sanitation District, the State Engineer, Colorado Division of Wildlife, Martha E. Fitzsimmons and the Fitzsimmons Ranch and Cattle Co., Upper South Platte Water Conservancy District, County of Park, Farmers Reservoir and Irrigation Company, Burlington Ditch, Reservoir and Land Company, City of Englewood, City of Thornton, City of Westminster, City of Aurora, Owens Brothers Concrete Co., Castle Meadows, Inc., Metropolitan Water Providers and the Consolidated Mutual Water Company, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 9, 1991.

Attorney(s) appearing for the Case

Moses, Wittemyer, Harrison and Woodruff, P.C., David M. Brown, James J. Dubois, Boulder, for opposer-appellant South Adams County Water and Sanitation Dist.

Wayne D. Williams, Michael L. Walker, Casey S. Funk, Denver, for opposer-appellant City and County of Denver.

Holme Roberts and Owen, Raymond L. Petros, Jr., Richard A. Johnson, Dominic J. Ricotta, Denver, for applicant-appellee Broe Land Co.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Peter A. Fahmy, Asst. Atty. Gen., Denver, for opposers-appellees the State Engineer.

Hill & Robbins, P.C., David W. Robbins, Mark J. Wagner, Denver, for opposers-appellees the Estate of Martha E. Fitzsimmons and the Fitzsimmons Ranch and Cattle Co.

Grant, Bernard, Lyons & Gaddis, P.C., Jeffrey J. Kahn, Longmont, for opposers-appellees Upper South Platte Water Conservancy Dist. and County of Park.

White & Jankowski, David F. Jankowski, Denver, for opposer-appellee City of Thornton.

Justice ERICKSON delivered the Opinion of the Court.

In this change of use proceeding, the relative priorities of decreed water rights of the North Fork and the South Fork of the South Platte River are in issue. The Colorado Water Court, Division No. 1, entered a ruling and order (Case No. 84CW566, March 28, 1989) holding that the Park County District Court's adjudication, on May 22, 1913, of water rights located on the North Fork of the South Platte River was an...

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