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USI PROPERTIES EAST, INC. v. SIMPSON

No. 96SA100.

938 P.2d 168 (1997)

USI PROPERTIES EAST, INC., a Delaware corporation; and Diamond Bar T Limited Liability Company, a Colorado limited liability company, d/b/a Diamond Bar T Joint Venture, Plaintiffs-Appellants, v. Hal D. SIMPSON, State Water Engineer; Orlyn J. Bell, Water Engineer, Water Division Five; The City and County Of Denver, Colorado; and Cyprus Climax Minerals, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

May 27, 1997.

Attorney(s) appearing for the Case

Stone & Associates, P.C., Patricia Jo Stone, Denver, for Plaintiffs-Appellants.

Patricia L. Wells, Michael L. Walker, Casey S. Funk, Amy Moore Cavanaugh, Denver, for Defendants-Appellee the City and County of Denver, acting by and through its Board of Water Commissioners.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Joseph C. Smith, Jr., Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Natural Resources Section, for Defendants-Appellees Hal D. Simpson, State Water Engineer and Orlyn J. Bell, Water Engineer, Water Division Five.

No appearance by or on behalf of Defendant-Appellee Cyprus Climax Minerals.

Justice MARTINEZ delivered the Opinion of the Court.

This appeal from the Water Court for Water Division No. 5 concerns the interpretation of a stipulation regarding the water rights of the applicants-plaintiffs-appellants, USI Properties East Inc., Diamond Bar T Limited Liability Company and Diamond Bar T Joint Venture (collectively, applicants or USI) and the objectors-defendants-appellees, the City and County of Denver (Denver) and Cyprus Climax Minerals (Climax...

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