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PERRY PARK WATER v. CORDILLERA CORP.

No. 90SA157.

818 P.2d 728 (1991)

PERRY PARK WATER & SANITATION DISTRICT, Applicant-Appellant, v. CORDILLERA CORPORATION and Larkspur Properties, the Ferris F. Hamilton Revocable Trust, Sharon R. Willingham, Richard Brown, Glenn Johnson, and State Engineer, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 4, 1991.

Attorney(s) appearing for the Case

Cogswell & Eggleston, P.C., David D. Dominick, Denver, for applicant-appellant.

Holland & Hart, Anne J. Castle, Denise W. Kennedy and Peter W. Downing, Denver, for objectors-appellees Cordillera Corp. and Larkspur Properties, Ltd.

Justice KIRSHBAUM delivered the Opinion of the Court.

Appellant Perry Park Water & Sanitation District (the District) appeals the judgment of the District Court, Water Division No. 1 (the water court), granting a motion for partial summary judgment filed by appellees, Cordillera Corporation and Larkspur Properties (hereafter Cordillera). The motion asserted that the District lacked authority to appropriate certain underground nontributary ground water lying beneath...

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