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WEST ELK RANCH, L.L.C. v. U.S.

No. 02SA93.

65 P.3d 479 (2002)

In the Matter of the Application for Water Rights of: WEST ELK RANCH, L.L.C., for Appellant, v. UNITED STATES of America, for Appellee.

Supreme Court of Colorado, En Banc.

December 2, 2002.

Attorney(s) appearing for the Case

Phillip Ernest Anselmo, Montrose, Colorado, Attorney for Appellant.

Sandra Slack Glover, U.S. Department of Justice Environment & Natural Resources Division, Washington, D.C., David W. Gehlert, U.S. Department of Justice Environment & Natural Resources Division, Denver, Colorado, Attorneys for Appellee.

Justice KOURLIS delivered the Opinion of the Court.

I. Introduction

In this case, West Elk Ranch ("West Elk" or "the Ranch") and its predecessors-in-interest sought a conditional water right to a spring located on adjacent National Forest land. The Forest Service denied a Special Use Permit ("SUP") that would have allowed West Elk to capture the water on Forest land and divert it onto West Elk's property. Accordingly...

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