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FARMERS RESERVOIR & IRR. v. CITY OF GOLDEN

No. 01SA105.

44 P.3d 241 (2002)

FARMERS RESERVOIR AND IRRIGATION COMPANY; The Farmers High Line Canal and Reservoir Company; the City of Arvada; the City of Westminster, Plaintiffs-Appellants, v. The CITY OF GOLDEN, Defendant-Appellee, and Richard Stenzel, Division Engineer, Water Division No. 1, Appellee pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

April 8, 2002.

Attorney(s) appearing for the Case

John P. Akolt, III, Denver, CO, Attorney for Farmers Reservoir and Irrigation Company.

Gaunt, Dirrim, Coover & Steele, P.C., Brice Steele, IV, Brighton, CO, Attorneys for The Farmers High Line Canal and Reservoir Company.

Moses, Wittemyer, Harrison & Woodruff, P.C., Veronica A. Sperling, Boulder, CO, Attorneys for the City of Arvada.

Carlson, Hammond & Paddock, LLC, Mary Mead Hammond, Lee H. Johnson, Denver, CO, Attorneys for the City of Westminster.

Porzak Browning & Bushong LLP, Glenn E. Porzak, Steven J. Bushong, Boulder, CO, Trout Witwer & Freeman, P.C., James W. Witwer, Denver, CO, Attorneys for the City of Golden.

Justice RICE delivered the Opinion of the Court.

Two water rights decrees ("60s decrees") entered in 1961 and 1964 ("60s proceedings") gave the City of Golden ("Golden") the right to divert up to 4.66 cubic feet per second ("c.f.s.") of Priority 12 water1 continuously from May 1st through October 31st. In Farmers High Line Canal & Reservoir Co. v. City of Golden, 975...

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