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EAST TWIN LAKES DITCHES v. LAKE COUNTY

No. 02SA270.

76 P.3d 918 (2003)

EAST TWIN LAKES DITCHES AND WATER WORKS, INC., Complainant-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, Respondent-Appellee, and The City of Aurora, Colorado, a municipal corporation of the counties of Adams, Arapahoe, and Douglas, acting by and through its Utility Enterprise, Intervenor-Appellee, and Steve Witte, Division Engineer, Appellee pursuant to C.A.R. 1(e).

Supreme Court of Colorado.

September 8, 2003.

Attorney(s) appearing for the Case

Joseph B. Dischinger, Grimshaw & Harring, PC, Denver, Colorado, Attorneys for Complainant-Appellant.

Steven T. Monson, Bradford R. Benning, Felt, Monson & Culichia, LLC, Colorado Springs, Colorado, Attorneys for Respondent-Appellee.

John M. Dingess, Stephanie J. Neitzel, Duncan, Ostrander & Dingess, PC, Denver, Colorado, Attorneys for the Intervenor-Appellee.

Ken Salazar, Colorado Attorney General, Linda Bassi, Assistant Attorney General, Natural Resources Section, Denver, Colorado, Attorneys for Appellee Pursuant to C.A.R. 1(e).

Justice RICE delivered the Opinion of the Court.

East Twin Lakes Ditches and Water Works, Inc., ("ETLD") appeals the water court's holding that the water right in the Derry Ditch No. 1, owned by the Lake County Board of County Commissioners ("Lake County"), was not abandoned. ETLD contends that (1) the water right was abandoned due to non-use for approximately thirty years; and (2) the decision by the predecessors of Lake County to not line the ditch was affirmative...

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