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UPPER EAGLE REGIONAL WATER AUTH. v. WOLFE

Nos. 09SA168, 09SA169.

230 P.3d 1203 (2010)

In the Matter of the Application for Water Rights of the Upper Eagle Regional Water Authority in Eagle and Summit Counties, Colorado. UPPER EAGLE REGIONAL WATER AUTHORITY, Applicant-Appellee v. Dick WOLFE, State Engineer for the State of Colorado; Alan C. Martellaro, Division Engineer for Water Division 5; and Colorado Water Conservation Board, Opposers-Appellants Eagle County Board of Commissioners; Climax Molybdenum Company; City and County of Denver, acting by and through its Board of Water Commissioners; Town of Gypsum; Lake Creek Metropolitan District; Grand Valley Water Users Association; Orchard Mesa Irrigation District; and Ute Water Conservancy District, Opposers-Appellees. In the Matter of the Application for Water Rights of the City of Aurora, City of Colorado Springs, Colorado River Water Conservation District, Eagle Park Reservoir Company, Eagle River Water & Sanitation District, Upper Eagle Regional Water Authority, and Vail Associates, Inc. in Eagle, Garfield, Grand, Pitkin, and Summit Counties, Colorado. Upper Eagle Regional Water Authority; City of Aurora; City of Colorado Springs; Colorado River Water Conservation District; Eagle Park Reservoir Company; Eagle River Water & Sanitation District; and Vail Associates, Inc., Applicants-Appellees v. Dick Wolfe, State Engineer for the State of Colorado; Alan C. Martellaro, Division Engineer for Water Division 5; and Colorado Water Conservation Board, Opposers-Appellants City of Aspen; Gregory A. Caretto; City and County of Denver, acting by and through its Board of Water Commissioners; Grand Valley Water Users Association; Town of Gypsum; Orchard Mesa Irrigation District; Pitkin County Board of Commissioners; Steven J. Pittel; Public Service Company of Colorado; Southeastern Colorado Water Conservancy; and Ute Water Conservancy District, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

May 24, 2010.

Attorney(s) appearing for the Case

Porzak Browning & Buschong LLP, Glenn E. Porzak, P. Fritz Holleman, Eli A. Feldman, Kevin J. Kinnear, Boulder, Colorado, Attorneys for Applicant-Appellees Upper Eagle Regional Water Authority.

John W. Suthers, Attorney General, Paul L. Benington, Assistant Attorney General, Water Rights Unit, Natural Resources and Environmental Section, Denver, Colorado, Attorneys for Opposers-Appellants.

Justice HOBBS delivered the Opinion of the Court.

In these two consolidated appeals from the District Court for Water Division No. 5 ("the water court"), we review the water court's judgments of dismissal and accompanying questions involving the water court's construction and implementation of the augmentation plan retained jurisdiction provision, section 37-92-304(6), C.R.S. (2009), of the Water Right Determination and Administration Act of 1969 ("the 1969 Act")...

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