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CONSOL. HOME SUPPLY v. TOWN OF BERTHOUD

No. 93SA307.

896 P.2d 260 (1995)

CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY, Objector-Appellant/Cross-Appellee, v. TOWN OF BERTHOUD, Applicant-Appellee/Cross-Appellant, and Public Service Company of Colorado; City of Loveland; the Thompson Water Users Association; Harold D. Simpson, State Engineer; Alan D. Berryman, Division Engineer for Water Division No. 1; Town of Estes Park, and Handy Ditch Company, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

May 8, 1995.

Attorney(s) appearing for the Case

The Law Office of Stephen T. Williamson, Stephen T. Williamson, Louisville, for objector-appellant/cross-appellee Consol. Home Supply Ditch and Reservoir Co.

Vranesh and Raisch, L.L.C., John R. Henderson, Paul J. Zilis, Boulder, for applicant-appellee/cross-appellant Town of Berthoud.

Kutak Rock, Timothy J. Flanagan, William S. Martin, Denver, for objector-appellee Public Service Co. of Colorado.

Fischer, Brown, Huddleson & Gunn, P.C., William H. Brown, Fort Collins, for objector-appellee Thompson Water Users Ass'n.

Justice MULLARKEY delivered the Opinion of the Court.

The Town of Berthoud (Berthoud) filed an application in the water court to change the use of two of its water rights on the Big Thompson River, one in the amount of 3.0 cubic feet per second (c.f.s.) and the other in the amount of 4.14 c.f.s. Berthoud has historically diverted these rights through the Handy Ditch during irrigation months. In its application, Berthoud sought...

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