PAGOSA AREA WATER AND SANITATION DIST. v. TROUT UNLIMITED

No. 06SA338.

170 P.3d 307 (2007)

PAGOSA AREA WATER AND SANITATION DISTRICT and San Juan Water Conservancy District, Applicants-Appellees v. TROUT UNLIMITED, Opposer-Appellant and Bruce Whitehead, Division Engineer, Water Division 7, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

October 22, 2007.


Attorney(s) appearing for the Case

Collins Cockrel & Cole, Evan D. Ela, Denver, Colorado, Attorneys for Applicants-Appellees.

Trout Unlimited, Andrew Peternell, Boulder, Colorado, Attorney for Opposer-Appellant.

Brownstein Hyatt Farber Schreck, P.C., Steven O. Sims Adam T. DeVoe, John A. Helfrich, Denver, Colorado, Attorneys for Amicus Curiae the City of Aurora.

Hill & Robbins, P.C., David W. Robbins, Dennis M. Montgomery, Jennifer H. Hunt, Denver, Colorado, Attorneys for Amicus Curiae the City of Colorado Springs and the Southwestern Water Conservation District.

City of Denver General Counsel, Patricia L. Wells, Michael L. Walker, Casey S. Funk, Daniel J. Arnold, Denver, Colorado, Attorneys for Amicus Curiae the City and County of Denver acting by and through its Board of Water Commissioners.

Western Resource Advocates, Bart Miller Boulder, Colorado, Attorneys for Amicus Curiae Western Resource Advocates.


Justice HOBBS delivered the Opinion of the Court.

Appellant/Opposer Trout Unlimited appeals a judgment and decree entered by the District Court for Water Division No. 7.1 The decree confirms for the Pagosa Area Water and Sanitation District ("PAWSD") and San Juan Water Conservancy District ("SJWCD") a conditional water storage right for a planning period extending to the year 2100 for 29,000 acre-feet of water, along with the right to...

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