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CITY OF BLACK HAWK v. CITY OF CENTRAL

No. 03SA295.

97 P.3d 951 (2004)

Concerning the Application for Water Rights of the City of Black Hawk for Conditional Direct Flow Water Rights and Conditional Water Storage Rights in Clear Creek and its Tributaries, in Gilpin and Clear Creek Counties. CITY OF BLACK HAWK, Applicant-Appellee v. CITY OF CENTRAL, Objector-Appellant, and City of Thornton; City of Westminster; City of Arvada; Coors Brewing Company; Consolidated Mutual Water Company; David Douglass; William C. Russell, Jr.; Michael Vincent; and Kimberly Vincent, Objectors-Appellees, and James R. Hall, Division Engineer for Water Division No. 1., Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

September 13, 2004.

Attorney(s) appearing for the Case

Harvey W. Curtis & Associates, Harvey W. Curtis, Patricia A. Madsen, David L. Kueter, Sheela Parameswar, Star L. Waring, Denver, Colorado, Attorneys for Applicant-Appellee City of Black Hawk.

Law Office of Stephen T. Williamson, Stephen T. Williamson, Matthew Machado, Louisville, Colorado, Attorneys for Objector-Appellant City of Central.

No Appearance by or on behalf of City of Thornton; City of Westminster; City of Arvada; Coors Brewing Company; Consolidated Mutual Water Company; David Douglass; William C. Russell, Jr.; Michael Vincent; Kimberly Vincent; and James R. Hall, Division Engineer for Water Division No. 1.

Justice BENDER delivered the Opinion of the Court.

INTRODUCTION

In this case, we review the decision of the District Court, Water Division ("water court"), awarding the respondent City of Black Hawk a conditional water storage right in Chase Gulch Reservoir. We affirm.

An applicant seeks a conditional water right to preserve a place in Colorado's water priority system, and after such a right is recognized...

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