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FARMERS RESERVOIR & IRR. CO. v. CITY OF GOLDEN

No. 02SA298.

113 P.3d 119 (2005)

FARMERS RESERVOIR AND IRRIGATION COMPANY; the Church Ditch Company; Farmers' High Line Canal and Reservoir Company; City of Westminster; City of Thornton; City of Northglenn; and City of Arvada, Plaintiffs-Appellants, v. CITY OF GOLDEN, Defendant-Appellee, and Consolidated Mutual Water Company, Plaintiff-Appellee, and James Hall, Division Engineer, Water Division One, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

Rehearing Denied June 13, 2005.

Attorney(s) appearing for the Case

John P. Akolt, III, Brighton, for Farmers Reservoir and Irrigation Company.

Law Office of Brice Steele, Brice Steele, IV, Brighton, for Farmers' High Line Canal and Reservoir Company.

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

Porzak Browning & Bushong LLP, Glenn E. Porzak, Steven J. Bushong, Michael F. Browning, Boulder, for the City of Golden.

Moses, Wittemyer, Harrison & Woodruff, PC, Veronica A. Sperling, Boulder, for the City of Arvada.

Thornton City Attorney's Office, Dennis Hanson, Thornton, for the City of Thornton.

Fischer, Brown & Gunn, PC, William R. Fischer, Fort Collins, for the City of Northglenn and The Church Ditch Company.

Justice MARTINEZ delivered the Judgment of the Court with respect to Part II.A. and the Opinion of the Court with respect to all other sections of the Opinion.

We review this water rights dispute involving an alleged expansion of use for the third time. See Farmers High Line Canal & Reservoir Co. v. City of Golden, 975 P.2d 189 (Colo.1999) (hereinafter "FHL I"); Farmers Reservoir & Irrigation Co. v. City of...

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