CHEROKEE METROPOLITAN DIST. v. SIMPSON

No. 06SA95.

148 P.3d 142 (2006)

CHEROKEE METROPOLITAN DISTRICT, Applicant/Appellant v. Harold D. SIMPSON, Colorado State Engineer; Colorado Ground Water Commission; and Upper Black Squirrel Creek Ground Water Management District, Objectors/Appellees and Steven J. Witte, Division Engineer, Water Division 2, Engineer Pursuant to C.A.R. 1(e).

Supreme Court of Colorado. En Banc.

November 27, 2006.


Attorney(s) appearing for the Case

Grimshaw & Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Carrie S. Bernstein, Denver, Colorado, Attorneys for Applicant/Appellant.

John W. Suthers, Attorney General, Jennifer Mele, Assistant Attorney General, Water Rights Unit Natural Resources and Environmental Section, Denver, Colorado, Attorneys for Objectors/Appellees Colorado Ground Water Commission and the State Engineer.

Lind, Lawrence & Ottenhoff, LLP, Richard T. LiPuma, P. Andrew Jones, Windsor, Colorado, Attorneys for Objectors/Appellees Upper Black Squirrel Creek Ground Water Management District.


Justice HOBBS delivered the Opinion of the Court.

In this appeal from a judgment of the court for Water Division No. 2,1 the parties contest the meaning of a stipulated decree provision contained in a conditional water rights diligence decree issued by the court on March 8, 1999. The parties to the agreement are Cherokee Metropolitan District ("Cherokee"), the Upper Black Squirrel Creek Ground Water Management District ("the Management...

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