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MATTER OF APPLICATIONS FOR WATER RIGHTS

No. 90SA498.

838 P.2d 840 (1992)

In the Matter of the APPLICATIONS for WATER RIGHTS OF THE UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT, IN GUNNISON COUNTY. The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, Objector-Appellant and Cross-Appellee, v. UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT, Applicant-Appellee and Cross-Appellant, and Crystal Creek Homeowners Association, Colorado Water Conservation Board, Uncompahgre Valley Water Users Association, and the United States of America, Objectors-Appellees, and Keith Kepler, Division Engineer, Water Division 4, Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing November 9, 1992.

Attorney(s) appearing for the Case

Vranesh and Raisch, John R. Henderson, Paul J. Zilis, Boulder, for objector-appellant and cross-appellee.

Williams, Turner & Holmes, P.C., Anthony W. Williams, Grand Junction, for applicant-appellee and cross-appellant.

Brownstein, Hyatt, Farber & Strickland, Charles B. White, Wayne F. Forman, Denver, for objector-appellee Crystal Creek Homeowners Ass'n.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Steven O. Sims, Asst. Atty. Gen., Denver, for objector-appellee Colorado Water Conservation Bd. and Appellee Div. Engineer, Water Div. 4.

Justice KIRSHBAUM delivered the Opinion of the Court.

Objector-Appellant/Cross-Appellee, the Board of County Commissioners of the County of Arapahoe (the Board), and Applicant-Appellee/ Cross-Appellant, Upper Gunnison River Water Conservancy District (the District), appeal an order entered by the District Court for Water Division No. 4 (water court) in two consolidated cases, case No. 86CW202 (case No. 202) and case No. 86CW203 (case No. 203).1<...

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