Harold D. SIMPSON, State Engineer, and Alan D. Berryman, Division Engineer, Water Division 1, Opposers-Appellants,
v.
YALE INVESTMENTS, INC. (f/k/a Castle Meadows, Inc.), Applicant-Appellee, and
City of Englewood, Sanford Homes, Castleton Center Water and Sanitation District, Bellemah Community Development, Atchison, Topeka and Santa Fe Railway Company, Mission Viejo Company, Highlands Ranch Development Corp., Castle Pines Metropolitan District, Castle Pines North Metropolitan District, C.P. Commercial Properties, Inc., and Parker Water and Sanitation District, Opposers-Appellees.
Harold D. SIMPSON, State Engineer, and Alan D. Berryman, Division Engineer, Water Division 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.https://leagle.com/images/logo.png
December 19, 1994.
December 19, 1994.
Attorney(s) appearing for the Case
Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Patricia S. Bangert, Deputy Atty. Gen., Jennifer L. Gimbel, First Asst. Atty. Gen., Peter A. Fahmy, Asst. Atty. Gen., Natural Resources Section, Denver, for opposers-appellants State and Div. Engineers.
Holly I. Holder, P.C., Holly I. Holder, Priscilla S. Fulmer, Denver, for appellants-appellees Yale Investments, Inc. and Castle Pines Metropolitan Dist.
Petrock & Fendel, P.C., James J. Petrock, Frederick A. Fendel, III, Denver, for applicants-appellees Friedkin Companies and Friedkin Investments, Inc.
Krassa, Lindholm, Kumli & Madsen, Robert F.T. Krassa, Karl F. Kumli, III, Boulder, for opposer-appellee Parker Water and Sanitation Dist.
No appearance for applicant-appellee Castle Pines Land Co.
No appearance for opposers-appellees City of Englewood, Sanford Homes, Castleton Center Water and Sanitation Dist., Bellemah Community Development, Atchison, Topeka and Santa Fe Ry. Co., Mission Viejo Co., Highlands Ranch Development Corp., Castle Pines North Metropolitan Dist., C.P. Commercial Properties, Inc., and Centennial Water and Sanitation Dist.
Supreme Court of Colorado, En Banc.
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 the judgment of the District Court for Water Division No. 1 finding that post-withdrawal depletions will be noninjurious in each case and therefore approving plans for augmentation proposed by the applicants.2 Pursuant to our...
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