ORR v. ARAPAHOE WATER AND SANITATION DIST.

No. 86SA132.

753 P.2d 1217 (1988)

Concerning the Application for Underground Water Rights, for Change in Water Rights and for Approval of a Plan for Augmentation Including Exchange Involving Tributary Water from Cherry Creek, a Tributary of the South Platte River, and Nontributary Water from the Dawson, Denver, Arapahoe and Laramie-Fox Hills Nontributary Aquifers of James L. ORR; Cogito N.V., a Netherlands Antilles corporation; The Erwin Interests, Inc., a Texas corporation; Lester A. Dixon, Jr.; Joann Dixon Morrow; Leslie E. Dixon, personal representative of the Estate of Bruce H. Dixon, deceased; and Cottonwood Water and Sanitation District, Appellants, v. ARAPAHOE WATER AND SANITATION DISTRICT, Parker Properties Joint Venture, Denver Southeast Suburban Water and Sanitation District, Inverness Water and Sanitation District, City of Aurora, Ronald Kmieciak, Clair Mahr, Woodman Brothers Landscape and Nursery, Inc., the Parker Water and Sanitation District, Alan Berryman as the Division Engineer and Dr. Jeris A. Danielson as the State Engineer, T.C.D. North, Inc., Fred and Gunhild Dransfeldt and Stroh Ranch Development, Appellees.

Supreme Court of Colorado.

Rehearing Denied May 16, 1988.


Attorney(s) appearing for the Case

Saunders, Snyder, Ross & Dickson, P.C., John M. Dickson, Deborah L. Freeman, Denver, for appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Peggy Ventura, Asst. Atty. Gen., Denver, for Alan Berryman, as Division Engineer, and Dr. Jeris A. Danielson, as State Engineer.

Carlson, Hammond & Paddock, William A. Paddock, Denver, for Stroh Ranch Development.

John M. Dingess, Rebecca L. Shandrick, Aurora, for City of Aurora.

Moses, Wittemyer, Harrison & Woodruff, P.C., Robert E.L. Beebe, James R. Montgomery, Boulder, for Inverness Water & Sanitation Dist. and Denver Southeast Suburban Water & Sanitation Dist.

Stephen T. Williamson, Louisville, for Arapahoe Water and Sanitation Dist. and Parker Properties Joint Venture.


QUINN, Chief Justice.

This case involves the interpretation of a 1969 decree, entered pursuant to the Adjudication Act of 1943, §§ 148-9-1 to -27, 7 C.R.S. (1963), which changed the points of diversion of certain decreed water rights from surface ditches to wells. In 1981, the applicants, Cottonwood Water and Sanitation District, James L. Orr, Cogito N.V., Erwin Interests, Inc., Lester A. Dixon, Jr., Joann Dixon Morrow, and Leslie E. Dixon, in her capacity...

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