In the Matter of the Application for WATER RIGHTS OF PARK COUNTY SPORTSMEN'S RANCH LLP, in Park County,
Park County Sportsmen's Ranch LLP, Appellant,
v.
Frida BARGAS as Trustee of the Frieda Wahl Trust, Ruth Bartle, Jim Campbell, Indian Mountain Corp., James T. Benes, James T. Benes, Jr. and Cassandra L. Benes Trust, Tarryall Land and Cattle LLC, Centennial Water and Sanitation District, Bob Burch, Central Colorado Cattlemen's Association, City and County of Denver, City of Englewood, City of Thornton, H.D. and Mary Catherine Coleman, James E. Copanos, County of Park, Upper South Platte Water Conservancy District, Kim Magness and Gary Magness as Personal Representatives of the Estate of Bob Magness, Darrell Johns, John Johns, David Johns, Joseph G. and Joyce C. Minke, Park County Water Preservation Coalition, Carol Hack, Larry Dirks, Cynthia and Wilbur Van Wagenen, Elkhorn Ranch Homeowner's Association, Colorado Wildlife Commission and Division of Wildlife, Union Pacific Resources Company, and the United States of America, Appellees, and,
State Engineer Harold D. Simpson, and Division Engineer Richard L. Stenzel, Appellees pursuant to C.A.R. 1(e).
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
September 13, 1999.
As Modified on Denial of Rehearing October 4, 1999.
Attorney(s) appearing for the Case
Bennington Johnson & Reeve, a Professional Corporation, Kenneth J. Burke, Denver, Colorado, Attorneys for Appellant.
Bernard, Lyons & Gaddis, a Professional Corporation, Jeffrey J. Kahn, Steven P. Jeffers, Longmont, Colorado, Attorneys for Park County and Upper South Platte Water Conservancy District.
Fairfield and Woods, P.C., Stephen H. Leonhardt, Ilona L. Dotterrer, Denver, Colorado, Attorneys for the Frieda Wahl Trust.
Felt, Houghton & Monson, LLC, James G. Felt, James W. Culichia, Colorado Springs, Colorado, Attorneys for Park County Water Preservation, Carol Hack, Larry Dirks, Cynthia and Wilber Van Wagenen and Elkhorn Ranch.
Vranesh and Raisch, LLC, Michael D. Shimmin, Boulder, Colorado, Attorneys for H.D. and Mary Catherine Coleman.
United State Department of Interior, Rocky Mountain Region, John R. Kunz, Special Assistant U.S. Attorney, Lakewood, Colorado, Attorneys for the United States of America.
Holly I. Holder, P.C., Holly I. Holder, Diana A. Cachey, Priscilla S. Fulmer, Denver, Colorado, Attorneys for Jim Campbell and Indian Mountain Corp.
Moses, Wittemyer, Harrison and Woodruff, P.C., David L. Harrison, Veronica A. Sperling, Gilbert Y. Marchand, Jr., Boulder, Colorado, Attorneys for Centennial Water, James T. Benes,James T. Benes, Jr. and Cassandra L. Benes Trust,and Tarryall Land and Cattle.
Office of the City Attorney, Evan D. Ela, Thornton, Colorado, Attorneys for the City of Thornton.
Friedlob Sanderson Raskin Paulson & Tourtillott, LLC, Brian M. Nazarenus, Carolyn F. Burr, Denver, Colorado, Attorneys for Union Pacific Resources Company.
Office of the State Attorney General, Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Joseph C. Smith, Jr., Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Edward R. Kowalski, Assistant Attorney General, Natural Resources Section, Denver, Colorado, Attorneys for State Engineer and the Division Engineer for Water Division 1.
Supreme Court of Colorado, En Banc.
Justice KOURLIS delivered the Opinion of the Court.
This case requires us to determine whether certain provisions of the Colorado Ground Water Management Act (CGWMA), see §§ 37-90-101 to 143, 10 C.R.S. (1998), apply to the Laramie-Fox Hills aquifer located outside of the Denver Basin in South Park, Colorado. The provisions in question, contained in subsections (10.5) and (10.7) of section 37-90-103, operate to allow certain water that would otherwise...
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