In the Matter of the Application for WATER RIGHTS OF the CITIES OF AURORA AND COLORADO SPRINGS, IN EAGLE, LAKE AND PITKIN COUNTIES.
The CITY OF AURORA, Colorado, and the City of Colorado Springs, Colorado, Appellants,
v.
The DIVISION ENGINEER FOR WATER DIVISION NO. 5, Orlyn Bell, the State Engineer, Jeris Danielson, and Holy Cross Wilderness Defense Fund, Colorado Mountain Club, and Vail Valley Consolidated Water District, Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
October 9, 1990.
As Modified on Denial of Rehearing October 29, 1990.
Attorney(s) appearing for the Case
Anderson, Johnson & Gianunzio, Gregory L. Johnson, Mark T. Pifher, Colorado Springs, for appellants.
Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Peggy M. Ventura, First Asst. Atty. Gen., for Div. Engineer and State Engineer.
Lori Potter, Denver, Frances M. Green, Boulder, for appellees Holy Cross Wilderness Defense Fund and Colorado Mountain Club.
Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Denver, for appellee Vail Valley Consol. Water Dist.
Martha Phillips Allbright, Eric Twelker, Denver, for amici curiae Mountain States Legal Foundation, Colorado Cattlemen's Ass'n, Colorado Farm Bureau, and Nat. Cattlemen's Ass'n.
Fairfield & Woods, P.C., Howard Holme, Kevin B. Pratt, Denver, for amicus curiae Southeastern Colorado Water Conservancy Dist.
Davis, Graham & Stubbs, Gregory J. Hobbs, Jr., Donna Melson Arthur, Bennett W. Raley, Denver, for amicus curiae Colorado Water Congress.
Wayne D. Williams, Michael L. Walker, Henry C. Teigen, Denver, for amicus curiae City and County of Denver, acting by and through its Board of Water Com'rs.
Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen.; Linda E. White, Asst. Atty. Gen., for amicus curiae Colorado Water Conservation Bd.
Supreme Court of Colorado, En Banc.
Justice KIRSHBAUM delivered the Opinion of the Court.
Appellants, the City of Aurora, Colorado, and the City of Colorado Springs, Colorado (hereinafter the Cities), seek modification and reversal of portions of a final decree entered by the District Court, Water Division No. 5, State of Colorado, in three consolidated cases, which decrees in essence approved applications by the Cities for changes in decreed water rights. We vacate the judgment and remand the case...
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