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TOWN OF MINTURN v. TUCKER

No. 11SA169.

293 P.3d 581 (2013)

2013 CO 3

Concerning the Application for Water Rights of: Ginn Battle South, LLC, Ginn Battle North, LLC, Ginn-LA Battle One, LTD., LLLP, Ginn-LA Battle One A, LLC and Ginn Development Company, LLC in Eagle County, Colorado Concerning the Application for Water Rights of: Town of Minturn in Eagle, Grand and Pitkin Counties, Colorado, The TOWN OF MINTURN, Applicant-Appellee v. J. TUCKER, Trustee, Opposer-Appellant and Water Division 5 Engineer, Appellee Pursuant to CAR 1(e) and Concerning the Application for Water Rights of the Town of Minturn in Eagle County, Colorado, The Town of Minturn, Applicant-Appellee v. J. Tucker, Trustee, Opposer-Appellant and Water Division 5 Engineer, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

Rehearing Denied February 11, 2013.

Attorney(s) appearing for the Case

Arthur B. Ferguson, Jr. , Holland & Hart LLP, Aspen, Colorado, Meghan N. Winokur , Holland & Hart LLP, Denver, Colorado, Attorneys for Applicant-Appellee.

J. Tucker, Trustee, Arlington, VA, Opposer-Appellant, Pro Se.

No Appearance by or on behalf of Water Division 5 Engineer.

Justice HOBBS delivered the Opinion of the Court.

¶ 1 In these related appeals from the District Court for Water Division No. 5 ("the water court"), we review the water court's entry of corrected decrees concerning the Town of Minturn's ("Minturn's") applications for water rights.1 This case arises from Minturn's separate applications for changes of water rights and for new water rights filed...

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