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City Of Thornton V. Bijou Irrigation Co.

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eBook details

  • Title: City Of Thornton V. Bijou Irrigation Co.
  • Author : Colorado Supreme Court
  • Release Date : January 15, 1996
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 179 KB

Description

This case involves the City of Thornton's Northern Project, one of the largest municipal water projects to come before this court in recent memory. Thornton appeals, and various objectors who oppose the Northern Project cross-appeal, from portions of a decree entered by the District Court for Water Division No. 1 in four consolidated cases, case nos. 86CW401, 86CW402, 86CW403, and 87CW332. The trial court approved, subject to numerous terms and conditions, Thornton's applications for adjudication of new conditional water rights (including exchanges) and for changes in use of existing water rights. Together, the rights so decreed provide the foundation for the Northern Project, which is expected to yield in excess of 50,000 acre feet of water to Thornton per year. We affirm the trial court's entry of the decree granting Thornton's applications for adjudication of the conditional rights and the changes of use. We also affirm the majority of the terms and conditions imposed by the trial court. However, we conclude that certain of the terms and conditions imposed in the decree are invalid or unwarranted. Thus, we reverse the trial court with respect to those terms and conditions and remand to that court for proceedings consistent with this opinion.


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