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The Geologic Setting <br />As described by the Colorado Supreme Court in Fellhauer v. People, 447 P.2d <br />986 (Colo. 1968) <br /> <br />During the millions of years of its history the river has cut into <br />and eroded away the formations, principally shales, over which it <br />has flowed. Through long passages of time its course has <br />changed back and forth. The result has been the creation of a <br />trough filled with sand and gravel over a portion of which the <br />river flows. With some simplification, it may be said that this <br />body of sand and gravel, filled with slowly moving water, is the <br />alluvium. . . . <br />