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WILLOWS WATER DIST. v. MISSION VIEJO CO.

No. 92SA205.

854 P.2d 1246 (1993)

WILLOWS WATER DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, Applicant and Defendant-Appellant/Cross-Appellee, v. MISSION VIEJO COMPANY, a California corporation, Highlands Ranch Development Corporation, a Colorado corporation, and Centennial Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado, Objectors and Plaintiffs-Appellees/Cross-Appellants, and Harold D. Simpson (substituted pursuant to C.A.R. 43(c)(1) as successor to Jeris A. Danielson), State Engineer, Appellee, and Alan D. Berryman, Division Engineer for Water Division No. 1, Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 26, 1993.

Attorney(s) appearing for the Case

Saunders, Snyder, Ross & Dickson, P.C., William J. Kirven, III, David C. Hallford, Deborah L. Freeman, Denver, Robert J. Flynn, Englewood, for applicant and defendant-appellant/cross-appellee.

Moses, Wittemyer, Harrison & Woodruff, P.C., Charles N. Woodruff, Veronica A. Sperling, Boulder, for objectors and plaintiffs-appellees/cross-appellants.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Peter A. Fahmy, Asst. Atty. Gen., Denver, for appellees.

Justice ERICKSON delivered the Opinion of the Court.

The appellant, Willows Water District (Willows), appeals from an order of the District Court, Water Division 1 (water court). The water court made a final determination of the water rights of Willows in each of the eight Phipps-Arapahoe wells (the PA wells) that are identified in letter agreements and prior applications for permits. The PA wells withdraw nontributary ground water underlying the Highlands Ranch property...

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