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S.E. COLO. WATER CONS. v. CACHE CREEK

No. 92SA251.

854 P.2d 167 (1993)

SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT, Complainant-Appellee, v. CACHE CREEK MINING TRUST and Twin Lakes Associates, Inc., Respondents, and Dennis O'Neill, Respondent-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 21, 1993.

Attorney(s) appearing for the Case

William R. Kelso, Denver, for respondent-appellant.

Carlson, Hammond & Paddock, Mary Mead Hammond, Lee H. Johnson, Denver, for Twin Lakes Reservoir and Canal Co. and Special Counsel to Bd. of Water Works of Pueblo, Colo.

Petersen & Fonda, William F. Mattoon, Pueblo, for Bd. of Water Works of Pueblo, Colo.

Fairfield and Woods, P.C., Howard Holme, Stephen H. Leonhardt, Denver, for complainant-appellee Southeastern Colo. Water Conservancy Dist.

Justice MULLARKEY delivered the Opinion of the Court.

This appeal marks the third time that these parties have been before this court on matters relating to six water rights decreed in 1912 to three ditches, the Cache Creek, Arlington, and Clear Creek Ditches. In Southeastern Colorado Water Conservancy District v. Twin Lakes Associates, Inc., 770 P.2d 1231 (Colo.1989) (O'Neill I...

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