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TRAIL'S END v. DIV. OF WATER RESOURCES

No. 03SA199.

91 P.3d 1058 (2004)

TRAIL'S END RANCH, L.L.C., Plaintiff-Appellant, v. COLORADO DIVISION OF WATER RESOURCES; Hal D. Simpson, acting as the Colorado State Engineer; and Steven J. Witte, as the Division Engineer for Water Division 2, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 14, 2004.

Attorney(s) appearing for the Case

White & Jankowski, LLP, David F. Jankowski, William A. Hillhouse, II, Denver, Colorado, Attorneys for Plaintiff-Appellant.

Ken Salazar, Attorney General, Alexandra L. Davis, Assistant Attorney General, Appellate Division, Natural Resources & Environment Section, Denver, Colorado, Attorneys for Defendants-Appellees.

John M. Dingess, Austin Hamre, Denver, Colorado, Attorneys for Amicus Curiae City of Aurora, acting by and through its Utility Enterprise.

Burns, Figa & Will, P.C., Lee Miller, Stephen Leonhardt, Scott Clark, Englewood, Colorado, Attorneys for Amicus Curiae Southeastern Colorado Water Conservancy District.

Trout, Witwer & Freeman, P.C., Peter Nichols, Denver, Colorado, Attorney for Amicus Curiae Lower Arkansas Valley Water Conservancy.

Justice COATS delivered the Opinion of the Court.

Trail's End Ranch appealed directly to this court from a judgment of the water court denying the declaratory and injunctive relief it sought against the Colorado Division of Water Resources. The division engineer had ordered Trail's End to stop taking water out of Spruce Creek at locations other than the points of diversion decreed to its direct flow irrigation rights, until those additional locations were approved...

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