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DENVER v. MIDDLE PARK WATER CONSERVANCY

No. 96SA15.

925 P.2d 283 (1996)

The CITY AND COUNTY OF DENVER, Acting By and Through its BOARD OF WATER COMMISSIONERS, Appellant, v. MIDDLE PARK WATER CONSERVANCY DISTRICT, and Orlyn J. Bell, Division Engineer for Water Division No. 5; and Harold D. Simpson, State Engineer, Appellees.

Supreme Court of Colorado, En Banc.

October 21, 1996.

Attorney(s) appearing for the Case

Patricia L. Wells, General Counsel, Denver Water Board, Michael L. Walker, Casey S. Funk, Amy L. Moore, Denver, for Appellant.

Baker, Cazier and McGowan, Stanley W. Cazier, Granby, for Appellee, Middle Park Water Conservancy District.

Gale A. Norton, Attorney General, Timothy M. Tymkovich, Solicitor General, Jennifer L. Gimbel, Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Peter A. Fahmy, Assistant Attorney General, Natural Resources Section, Denver, for Appellees, Division and State Engineers.

Chief Justice VOLLACK delivered the Opinion of the Court.

The City and County of Denver (Denver), acting by and through its Board of Water Commissioners, appeals the judgment of the District Court, Water Division No. 5 (the water court), which held that Denver had not abandoned the subject water rights that were placed on the 1990 abandonment list. We reverse and hold that Denver did abandon the subject water rights.

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