WATER RIGHTS v. NO. COLO. WATER CONSERVANCY D.

No. 82SA28.

677 P.2d 320 (1984)

CONCERNING the APPLICATION FOR WATER RIGHTS OF the TOWN OF ESTES PARK IN LARIMER COUNTY, IN the SOUTH PLATTE RIVER AND ITS TRIBUTARIES, Applicant-Appellant, Cross-Appellee, v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT, Objector-Appellee, Cross-Appellant, and Thompson Water Users Association, Objector-Appellee, and Jim Clark, Division Engineer (No appearance), Appellee.

Supreme Court of Colorado, En Banc.

As Modified February 27, 1984.


Attorney(s) appearing for the Case

Chilson & Stanton, John H. Chilson, Loveland, for applicant-appellant, cross-appellee.

Davis, Graham & Stubbs, John M. Sayre, Gregory J. Hobbs, Jr., Denver, for objector-appellee, cross-appellant.

Fischer, Brown, Huddleson & Gunn, Ward H. Fischer, William H. Brown, Fort Collins, for objector-appellee.


LOHR, Justice.

This is an appeal by the Town of Estes Park ("Estes Park," or "town") from the judgment of the water judge for water division 1 denying the town's application for approval of a plan for augmentation. The trial court based its rejection of the plan on the conclusion that the water relied on by the town for augmentation use is not available for that purpose. Objector1 Northern Colorado...

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