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THORNTON v. CLEAR CREEK WATER USERS

No. 92SA410.

859 P.2d 1348 (1993)

The CITY OF THORNTON, Objector-Appellant, v. CLEAR CREEK WATER USERS ALLIANCE, Applicant-Appellee, The Lower South Platte Water Conservancy District, The City of Westminster, the City of Golden, the City of Northglenn and the State Engineer and the Division Engineer, Water Division No. 1, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

September 27, 1993.

Attorney(s) appearing for the Case

Lind, Lawrence & Ottenhoff, Kim R. Lawrence, Greeley, for objector-appellee Lower South Platte Water Conservancy Dist.

Carlson, Hammond & Paddock, Mary Mead Hammond, William A. Paddock, Denver, for objector-appellee City of Westminster.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Jennifer L. Gimbel, First Asst. Atty. Gen., Natural Resources Section, for objector-appellee State Engineer and Div. Engineer for Water Div. No. 1.

White & Jankowski, Michael D. White, David C. Taussig, Scotty P. Krob, Denver, for objector-appellant City of Thornton.

Saunders, Snyder, Ross & Dickson, P.C., Jefferson V. Houpt, David C. Hallford, Denver, for applicant-appellee Clear Creek Water Users Alliance.

Justice VOLLACK delivered the Opinion of the Court.

The City of Thornton appeals from a water court ruling granting the Clear Creek Water Users Alliance's application for alternate places of storage for a previously decreed conditional right to store 110,000 acre-feet of water. The Alliance received a decree in 1983 to store 110,000 acre-feet of water in a proposed reservoir, the Clear Creek Reservoir, located near the confluence of Clear Creek and North Clear Creek...

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