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CITY OF LAFAYETTE v. NEW ANDERSON DITCH CO.

No. 97SA2.

962 P.2d 955 (1998)

The CITY OF LAFAYETTE, Applicant-Appellant/Cross-Appellee, v. The NEW ANDERSON DITCH COMPANY, n/k/a The Anderson Ditch Company, Opposer-Appellee/Cross-Appellant, and City of Boulder, City of Louisville, Water Users Association of District No. 6, Consolidated Lower Boulder Reservoir and Ditch Company, Base Line Land and Reservoir and Ditch Company, and Coal Ridge Ditch Company, Opposers-Appellees, and Division Engineer, Water Division 1, Appellee pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing September 14, 1998.

Attorney(s) appearing for the Case

David C. Lindholm, Boulder, for Applicant-Appellant/Cross-Appellee.

Timothy Buchanan, P.C., Timothy Buchanan, Arvada, for Opposer-Appellee and Cross-Appellant.

Moses, Wittemyer, Harrison & Woodruff, P.C., David L. Harrison, Veronica A. Sperling, Kelly J. Custer, Boulder, for Opposer-Appellee City of Boulder.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Joseph C. Smith, Jr., Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Denver, for Appellee the State Engineer and the Division Engineer for Water Division 1.

Justice BENDER delivered the Opinion of the Court.

In this case, we review upon direct appeal the decision of the district court for Water Division 1 (water court) in which the water court continued a decree for conditional water rights but declined to make portions of these conditional rights absolute. The water court held that the applicant, the City of Lafayette (Lafayette), demonstrated reasonable diligence in developing...

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