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PUBLIC SERV. CO. v. BLUE RIVER IRR. CO.

No. 91SA37.

829 P.2d 1276 (1992)

PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Objector-Appellant, v. BLUE RIVER IRRIGATION COMPANY, Applicant-Appellee, and City and County of Denver, acting by and through its Board of Water Commissioners, and Orlyn Bell, Division Engineer, Water Division No. 5, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 27, 1992.

Attorney(s) appearing for the Case

Timothy J. Flanagan, Chad M. Neuens, Kelly, Stansfield & O'Donnell (James R. McCotter, Sr. Vice President and General Counsel, Public Service Co., of counsel), Denver, for objector-appellant.

Glenn E. Porzak, James R. Ghiselli, Holme, Roberts & Owen, Boulder, for applicant-appellee.

Michael L. Walker, Casey S. Funk, Denver, for objector-appellee City and County of Denver.

Wendy C. Weiss, First Asst. Atty. Gen., Natural Resources Section, Denver, for objector-appellee Orlyn Bell, Div. Engineer, Water Div. No. 5.

Justice MULLARKEY delivered the Opinion of the Court.

Public Service Company of Colorado ("Public Service") appeals a judgment and decree of the water court which found that the Blue River Irrigation Company ("Blue River") had exercised reasonable diligence for the period from May 1980 to May 1984 in the development of Blue River's conditional water right. This is the third time this case is before this court. In two prior opinions, we concluded that Public Service...

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