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PURGATOIRE RIVER WATER CONSERVANCY v. WITTE

No. 92SA236.

859 P.2d 825 (1993)

Concerning the Application for Water Rights of Purgatoire River Water Conservancy District in Las Animas County. PURGATOIRE RIVER WATER CONSERVANCY DISTRICT, Appellant, v. Steven J. WITTE, Division Engineer, Water Division No. 2; District 67 Ditch Association, individually, and for its members, as follows: the Amity Mutual Irrigation Company, the Fort Bent Canal and Irrigation Company, Keesee Ditch, Buffalo Mutual Irrigation Company, X Y & Graham Canals, Lamar Canal and Irrigation Company, Manval Canal and Irrigation Company, the Hyde Mutual Ditch Company; the Amity Mutual Irrigation Company, individually; Jake O. Broyles, individually; the Chilili Ditch Company; the Fort Lyon Canal Company; Stanley Barron, Jr.; Southeastern Colorado Water Conservancy District; and Colorado State Board of Land Commissioners, Appellees.

Supreme Court of Colorado, En Banc.

September 27, 1993.

Attorney(s) appearing for the Case

M.E. MacDougall, Julianne M. Woldridge, Colorado Springs, for appellant.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patricia S. Bangert, Deputy Atty. Gen., Jennifer L. Gimbel, First Asst. Atty. Gen., Denver, for appellee Steven J. Witte, Division Engineer, Water Div. No. 2.

Shinn Lawyers, Carl M. Shinn, Wendy S. Shinn, Lamar, for appellees Dist. 67 Ditch Ass'n and its members, the Amity Mut. Irrigation Co. and Jake O. Broyles.

Lefferdink & Bullock, John S. Lefferdink, Lamar, for appellee The Fort Lyon Canal Co.

No appearance for the following appellees: The Chilili Ditch Co., Stanley Barron, Jr., Southeastern Colorado Water Conservancy Dist. and Colorado State Bd. of Land Com'rs.

Justice LOHR delivered the Opinion of the Court.

This appeal arises out of an application filed by Purgatoire River Water Conservancy District (Purgatoire) for a determination of a water right for storage in the Silt Control Section of Trinidad Reservoir.1 The District Court for Water Division 2 (water court) held trial on the application on April 21, 1992, at which time certain parties opposing Purgatoire's application moved to limit...

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