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BOARD OF COUNTY COM'RS v. COLLARD

No. 91SA178.

827 P.2d 546 (1992)

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, a Colorado county, Plaintiff-Appellant, v. E.C. COLLARD; Charles Richard Collard; David J. Collard; Thomas E. Collard; Collard Land Company; Union Park Pool Association; Joseph P. Vader; Louis F. Van Tuyl; Raymond P. Van Tuyl; Joan Blumel; and all unknown persons who may claim an interest in the subject matter of this action, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 13, 1992.

Attorney(s) appearing for the Case

Vranesh and Raisch, P.C., John R. Henderson, Paul J. Zilis, Brian M. Nazarenus, Boulder, for plaintiff-appellant.

Brownstein, Hyatt, Farber & Madden, P.C., Charles B. White, Wayne F. Forman, Denver, for defendant-appellee Joseph P. Vader.

Stephen A. Hess, Aurora, for remaining defendants-appellees.

Chief Justice ROVIRA delivered the Opinion of the Court.

The plaintiff, Board of County Commissioners of the County of Arapahoe (Arapahoe), challenged the validity of a 1974 decree of absolute water rights granted by the district court, Water Division 4, in Case No. W-1987 (W-1987 decree or 1974 court) to defendants or their predecessors in interest (appropriators). The 1991 court1 granted the appropriators' motion to dismiss, which it...

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