STATE ENGINEER v. CASTLE MEADOWS, INC.

Nos. 92SA163, 92SA164.

856 P.2d 496 (1993)

STATE ENGINEER and Division Engineer for Water Division No. 1, Opposers-Appellants, v. CASTLE MEADOWS, INC., Applicant-Appellee, and City of Englewood; Sanford Homes; Castleton Center Water and Sanitation District; Ferris F. Hamilton Revocable Trust; Bellemah Community Development Company; Atchison, Topeka and Santa Fe Railway Company; Mission Viejo Company; Highlands Ranch Development Corporation; Castle Pines Land Company; Castle Pines Metropolitan District; Castle Pines North Metropolitan District; C.P. Commercial Properties, Inc.; and Parker Water and Sanitation District, Opposers-Appellees. STATE ENGINEER and Division Engineer for Water Division No. 1, Opposers-Appellants, v. CASTLE PINES METROPOLITAN DISTRICT; Castle Pines Land Company; the Friedkin Companies; and Friedkin Investments, Inc., Applicants-Appellees, and City of Englewood and Centennial Water and Sanitation District, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 23, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patricia S. Bangert, Deputy Atty. Gen., Jennifer L. Gimbel, First Asst. Atty. Gen., Bradley W. Cameron, and Peter A. Fahmy, Asst. Attys. Gen., Denver, for opposers-appellants.

Saunders, Snyder, Ross & Dickson, P.C., Holly I. Holder, Denver, for applicant-appellee and Castle Pines Metropolitan Dist.

Moses, Wittemyer, Harrison and Woodruff, P.C., Charles N. Woodruff, Veronica A. Sperling and Steven P. Jeffers, Boulder, for opposers-appellees Mission Viejo Co., Highlands Ranch Development Corp., and Centennial Water and Sanitation Dist.

Krassa, Lindholm, Kumli & Madsen, Robert F.T. Krassa, Boulder, for opposer-appellee Parker Water and Sanitation Dist.

No appearance for the following opposers-appellees: City of Englewood, Sanford Homes, Castleton Center Water and Sanitation Dist., Ferris F. Hamilton Revocable Trust, Bellemah Community Development, Atchison, Topeka and Santa Fe Railway Co., Castle Pines Land Co., Castle Pines Metropolitan Dist., Castle Pines North Metropolitan Dist. and C.P. Commercial Properties, Inc.

Sherman & Howard, Gary L. Greer, Denver, for applicant-appellee Castle Pines Land Co.

Petrock & Fendel, P.C., Frederick A. Fendel, III, Denver, for applicants-appellees the Friedkin Companies and Friedkin Investments, Inc.


JUSTICE LOHR delivered the Opinion of the Court.

In these consolidated cases,1 the State Engineer and the Division Engineer for Water Division No. 1 (collectively, state engineer) appeal those portions of judgments of the District Court for Water Division No. 1 approving plans for augmentation proposed by the applicants in each case.2 In Case Number 92SA163 the district court held an evidentiary hearing pursuant...

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