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CITY OF DENVER v. CITY OF ENGLEWOOD

No. 90SA474.

826 P.2d 1266 (1992)

CITY AND COUNTY OF DENVER, Acting By and Through its BOARD OF WATER COMMISSIONERS, Applicant-Appellant/Cross-Appellee, v. The CITY OF ENGLEWOOD, Opposer-Appellee/Cross-Appellant, and The City of Thornton; Centennial Water and Sanitation District; the City of Aurora; the Farmers Reservoir and Irrigation Company, and the Burlington Ditch, Reservoir and Land Company; and the State Engineer and Division Engineer, Water Division No. 1, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

March 23, 1992.

Attorney(s) appearing for the Case

Wayne D. Williams, Michael L. Walker, Casey S. Funk, Sara Duncan, Denver, for applicant-appellant/cross-appellee.

Hutchinson, Black, Hill & Cook, David G. Hill, Michael E. Miner, Boulder, for opposer-appellee/cross-appellant.

White & Jankowski, Michael D. White, Bruce D. Bernard, Denver, for opposer-appellee City of Thornton.

Justice ERICKSON delivered the Opinion of the Court.

This case involves the City and County of Denver's application for a quadrennial finding of reasonable diligence and a request to make certain conditional water rights absolute. Statements of opposition were timely filed by the City of Englewood and the City of Thornton. The water referee ruled in favor of Denver. Englewood and Thornton protested the referee's ruling, and trial to the District Court, Water Division...

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