CONCERNING the APPLICATION FOR WATER RIGHTS OF MIDWAY RANCHES PROPERTY OWNERS'ASSOCIATION, INC. IN EL PASO AND PUEBLO COUNTIES.
Ralph R. WILLIAMS, Trustee of the Greenview Trust, Appellant,
v.
MIDWAY RANCHES PROPERTY OWNERS ASSOCIATION, INC., Fountain Mutual Irrigation Company, Hal D. Simpson, State Engineer of Colorado, and Steven J. Witte, Division Engineer, Water Division No. 2, Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
June 2, 1997.
June 2, 1997.
Attorney(s) appearing for the Case
MacDougall Law Office, M.E. MacDougall, Julianne M. Woldridge, Henry D. Worley, David I. Liberman, Colorado Springs, for Appellant.
Felt, Houghton & Monson, LLC, Steven T. Monson, Colorado Springs, for Fountain Mutual Irrigation Company.
The Pratt Law Firm, Kevin B. Pratt, Parker, for Midway Ranches Property Owners Association, Inc.
Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Attorney General, Richard A. Westfall, Solicitor General, Joseph C. Smith, Jr., Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Steven O. Sims, Assistant Attorney General, Natural Resources Section, for the State and Division Engineers.
Vranesh & Raisch, LLC, Michael D. Shimmin, Boulder, for Amici Curiae the City of Fort Collins and Bijou Irrigation Company.
Loyal E. Leavenworth, Glenwood Springs, for Amicus Curiae the City of Rifle.
Porzak Browning & Johnson LLP, Glenn E. Porzak, Steven J. Bushong, Boulder, for Amicus Curiae the City of Golden.
Chrisman, Bynum & Johnson, P.C., David G. Hill, Jack M. Graves, Boulder, for Amicus Curiae the City of Englewood.
John M. Dingess, Denver, for Amicus Curiae the City of Aurora, Acting By and Through its Utility Enterprise.
Supreme Court of Colorado, En Banc.
Justice HOBBS delivered the Opinion of the Court.
This appeal from a judgment and decree of the Water Court for Water Division No. 2 concerns an augmentation plan filed by Midway Ranches Property Owners' Association, Inc. (Midway Ranches), proposing to utilize shares of the Fountain Valley Mutual Irrigation Company (FMIC) to replace depletions from out-of-priority diversion and use of water by a tributary well in connection...
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