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NORTHERN COLO. WATER v. THREE PEAKS WATER

No. 92SA175.

859 P.2d 836 (1993)

Concerning the Application for Water Right of: Three Peaks Water, Inc., a Colorado Corporation, in Larimer County. NORTHERN COLORADO WATER ASSOCIATION, Objector-Appellant, v. THREE PEAKS WATER, INC., Applicant-Appellee, and The City of Fort Collins, Objector-Appellee, and Alan Berryman, in his Capacity as Division Engineer for Water Division I, Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 18, 1993.

Attorney(s) appearing for the Case

Fischer, Brown, Huddleson and Gunn, P.C., William R. Fischer, Fort Collins, for objector-appellant Northern Colorado Water Ass'n.

Stephen T. Williamson, Jay J. Bartlett, Louisville, for applicant-appellee Three Peaks Water, Inc.

Carlson, Hammond & Paddock, Mary Mead Hammond, Peter C. Fleming, Denver, for objector-appellee City of Fort Collins.

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 Alan Berryman, Division Engineer, Water Div. No. 1.

Justice LOHR delivered the Opinion of the Court.

Northern Colorado Water Association (NCWA) brings this appeal, challenging those portions of a judgment and decree entered by the District Court for Water Division 1 (water court) under which a conditional water right decreed to a structure known as Well No. 8 was made absolute for municipal purposes and diligence was found in the development of that same conditional water right for irrigation purposes.

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