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FWS LAND AND CATTLE CO. v. STATE, DIV. OF WILDLIFE

No. 89SA109.

795 P.2d 837 (1990)

FWS LAND AND CATTLE COMPANY, Appellant, v. STATE of Colorado, DIVISION OF WILDLIFE, Humbert Ranches, Inc., and Edward W. Blank, Division Engineer for Water Division No. 6, Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 4, 1990.

Attorney(s) appearing for the Case

Kevin L. Patrick, P.C., Kevin L. Patrick, Rhonda J. Bazil, Aspen, for appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., David F. Steinhoff, Asst. Atty. Gen., Denver, for appellee State, Div. of Wildlife.

Peggy M. Ventura, First Asst. Atty. Gen., Denver, for appellee Edward W. Blank, Div. Engineer for Water Div. No. 6.

Humbert Ranches, Inc. not appearing.

Justice ERICKSON delivered the Opinion of the Court.

The appellant, FWS Land and Cattle Company, applied for a conditional direct flow right and a conditional storage right in two interconnected lakes that were located on land owned by both FWS and the State of Colorado through the Colorado Division of Wildlife (DOW) and the State Board of Land Commissioners. DOW filed a motion for summary judgment in the water court for...

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