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THREE BELLS RANCH v. CACHE LA POUDRE

No. 86SA37.

758 P.2d 164 (1988)

The THREE BELLS RANCH ASSOCIATES and Sterling Sand & Gravel Company, A Colorado Corporation, Appellants-Defendants, v. CACHE LA POUDRE WATER USERS ASSOCIATION; Cache La Poudre Reservoir Company; The New Cache La Poudre Irrigation Company; The Ogilvy Ditch Company; and The North Side Lateral Ditch Company, Appellees-Plaintiffs, and Jeris Danielson, State Engineer, State of Colorado, and James Clark, Division Engineer, Water Division No. 1, State of Colorado, Appellees-Defendants.

Supreme Court of Colorado, En Banc.

May 23, 1988.

Attorney(s) appearing for the Case

Caplan & Earnest, Gerald A. Caplan, Richard E. Bump, Boulder, Bratton and Associates, L. Richard Bratton, Gunnison, for appellants-defendants.

Fischer, Brown, Huddleson & Gunn, William H. Brown, Fort Collins, for appellees-plaintiffs.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Sherry A. Caloia, Peggy M. Ventura, Asst. Attys. Gen., Denver, for appellees-defendants.

LOHR, Justice.

This case arises out of a conflict between the operators of a gravel quarry and water users on the over-appropriated Cache La Poudre River. The conflict concerns the responsibility of the quarry operators to make advance provisions to compensate for the water that will be lost by evaporation when the gravel removal operations are completed and ponds of ground water remain in the gravel pits as part of a reclamation plan. The plaintiff water users obtained...

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