COTTON CREEK v. RIO GRANDE

No. 08SA312.

218 P.3d 1098 (2009)

COTTON CREEK CIRCLES, LLC; Colorado Association of Home Builders; and San Luis Valley Water Co. LLC, Appellants, v. RIO GRANDE WATER CONSERVATION DISTRICT; Rio Grande Water Users Association; Conejos Water Conservancy District; and Dick Wolfe, in his official capacity as the State Engineer for the State of Colorado, Appellees.

Supreme Court of Colorado, En Banc.

October 19, 2009.


Attorney(s) appearing for the Case

Hale Friesen LLP, Allan L. Hale, Richard A. Westfall, Peter J. Krumholz, Trout, Raley, Montano, Witwer & Freeman, PC, Bennett Railey, Lisa Thompson, Denver, Colorado, Attorneys for Appellants, Cotton Creek Circles, LLC and Colorado Association of Home Builders.

Kamlet Shepherd & Reichert LLP, Stephen D. Gurr, John D. Mereness, Denver, Colorado, Attorneys for Appellant, San Luis Valley Water Co. LLC.

Hill & Robbins, P.C., David W. Robbins, Dennis M. Montgomery, Ingrid C. Barrier, Denver, Colorado, Attorneys for Appellees, Rio Grande Water Conservation District.

Carlson, Hammond & Paddock, LLC, William A. Paddock, Beth Ann J. Parsons, Denver, Colorado, Attorneys for Appellees, Rio Grande Water Users Association.

Moses Wittemyer Harrison & Woodruff, P.C., Richard J. Mehren, Boulder, Colorado, Attorneys for Appellees, Conejos Water Conservancy District.

John W. Suthers, Attorney General, Peter J. Ampe, First Assistant Attorney general, Denver, Colorado, Attorneys for Appellees, Dick Wolfe, in his official capacity as the State Engineer for the State of Colorado.


Chief Justice MULLARKEY delivered the opinion of the Court.

I. Introduction

This is an appeal from a water court's Order Allowing Costs and Setting Further Proceedings Concerning the Costs ("Order Allowing Costs") and a water court's subsequent Order Awarding Costs following a proceeding pursuant to section 37-92-501(3)(a), C.R.S. (2009), to resolve protests to proposed rules and regulations promulgated by the...

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