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IN RE REVISED ABANDONMENT LIST

Nos. 11SA136, 11SA54.

276 P.3d 571 (2012)

2012 CO 35

Concerning the REVISED ABANDONMENT LIST OF WATER RIGHTS IN WATER DIVISION 2 and Concerning the Protest of Nolan G. Thorsteinson and Margie M. Thorsteinson in Pueblo County, Colorado. John C. Harrison, Personal Representative of the Estate of Nolan G. Thorsteinson and The Margie (Dotts) M. Thorsteinson Trust, Protestants-Appellants v. Harold D. Simpson, State Engineer for the State of Colorado and Steven J. Witte, Division Engineer for Water Division 2, Respondents-Appellees. Concerning the Application for Change of Water Right of John C. Harrison, as Personal Representative of the Estate of Nolan G. Thorsteinson and The Margie (Dotts) M. Thorsteinson Trust in Pueblo County, Colorado. John C. Harrison, as Personal Representative of the Estate of Nolan G. Thorsteinson and The Margie (Dotts) M. Thorsteinson Trust, Applicants-Appellants v. St. Charles Mesa Water District; John W. Singletary; S. Warren Chambers; Steven J. Witte, Division Engineer; and Harold D. Simpson, State Engineer, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

May 14, 2012.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Jennifer L. Mele , Assistant Attorney General, Denver, Colorado, Attorneys for State and Division Engineers.

Max I. Exline , Pueblo, Colorado, Attorney for John C. Harrison, Personal Representative of the Estate of Nolan G. Thorsteinson and The Margie (Dotts) M. Thorsteinson Trust.

S. Warren Chambers , pro se.

No appearance by or on behalf of St. Charles Mesa Water District and John W. Singletary .

Justice COATS delivered the Opinion of the Court.

¶ 1 Harrison appealed directly to this court from adverse rulings of the Water Court for Water Division No. 2 in two separate cases. With regard to Harrison's Application for a Change of Water Right, the water court granted the Engineers' motion to dismiss at the close of Harrison's case, finding that he was required, but failed, to establish the historic use of the right as to which he sought a change in the...

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