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CITY OF THORNTON v. CITY OF FORT COLLINS

No. 90SA514.

830 P.2d 915 (1992)

The CITY OF THORNTON, Acting By and Through its UTILITIES BOARD, Objector-Appellant/Cross-Appellee, v. The CITY OF FORT COLLINS, Applicant-Appellee/Cross-Appellant, and the Cache La Poudre Water Users Association, Northern Colorado Water Conservancy District, Saint Vrain and Left Hand Water Conservancy District, Colorado Water Conservation Board, the City of Greeley, the State Engineer and the Division Engineer, Water Division 1, and the Henrylyn Irrigation District, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

April 20, 1992.

Attorney(s) appearing for the Case

Michael D. White, Bruce D. Bernard, Teri L. Petitt, White & Jankowski, Denver, for objector-appellant/cross-appellee.

Michael D. Shimmin, Douglas A. Goulding, Vranesh and Raisch, Boulder, for applicant-appellee/cross-appellant.

Jeffrey J. Kahn, Grant, Bernard, Lyons & Gaddis, Longmont, for objector-appellee Saint Vrain and Left Hand Water Conservancy Dist.

Gregory J. Hobbs, Jr., Bennett W. Raley, Julianne M. Cruise, Davis, Graham & Stubbs, Denver, for objector-appellee Northern Colo. Water Conservancy Dist.

Linda L. Preslan, Asst. Atty. Gen., Denver, for objectors-appellees Colo. Water Conservation Bd., State Engineer and Div. Engineer.

William H. Brown, Fischer, Brown, Huddleson & Gunn, P.C., Fort Collins, for objector-appellee Cache La Poudre Water Users Ass'n.

Justice MULLARKEY delivered the Opinion of the Court.

The City of Thornton (Thornton) appeals from a judgment of the water court for Water Division 1 (water court) awarding the City of Fort Collins (Fort Collins) a conditional surface water right with a certain appropriation date. Fort Collins cross-appeals from the judgment of the water court denying Fort Collins another conditional surface water right. As to the appeal, we affirm in part and reverse in part and...

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