No. 96SA186.

933 P.2d 27 (1997)

DALLAS CREEK WATER COMPANY, Appellant, v. Frank M. HUEY and Carol L. Huey; Samuel L. Ewing and Martha L. Ewing; Robert N. Neff and Hella H. Neff; Esther C. Lewis; Thomas P. Whelan and Marilyn P. Whelan; Louis V. Schlosser and Sue A. Schlosser; South Ridgeway Partnership; and Ken Knox, Division Engineer for Water Division No. 4, Appellees.

Supreme Court of Colorado, En Banc.

March 10, 1997.

Attorney(s) appearing for the Case

Patrick & Stowell, P.C., a Professional Corporation, Kevin L. Patrick, Brian L. Stowell, Scott C. Miller, Aspen, for Appellant.

Caloia, Houpt & Light, P.C., Jefferson V. Houpt, Sherry A. Caloia, Glenwood Springs, for Appellees.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Jennifer L. Gimbel, Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Natural Resources Section, Denver, for State Engineer and Division Engineer, Water Division No. 4.

Justice HOBBS delivered the Opinion of the Court.

This appeal is from an order of the Water Court for Water Division No. 4 cancelling a conditional water right for purported failure of the owner or user thereof to file timely an application for a finding of reasonable diligence. Although the application was filed by the water user's agent prior to expiration of the applicable diligence period, the application named only a predecessor in interest, a defunct Colorado...

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