In the Matter of the Application for WATER RIGHTS OF the BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, IN GUNNISON COUNTY.
The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, Applicant-Appellant,
v.
CRYSTAL CREEK HOMEOWNERS ASSOCIATION, and Ernest H. Cockrell, Objectors-Appellants,
v.
COLORADO RIVER WATER CONSERVATION DISTRICT; Upper Gunnison River Water Conservancy District; United States of America; Henry J. Berryhill, Jr.; Board of County Commissioners of the County of Gunnison; City of Delta; City of Montrose; City of Grand Junction; City of Gunnison; Tri-State Generation and Transmission Association, Inc.; Colorado Wildlife Federation; Crested Butte Water and Sanitation District; Perkins D. Sams; East River at Almont Property Owners Association; Gunnison Angling Society; Gunnison County Electric Association; Murdie Homeowners' Association, Inc.; National Wildlife Federation; Rainbow Services, Inc., Colorado Wildlife Federation, Gunnison Angling Society and Western Colorado Congress; Mr. and Mrs. Charles Reeder; Virgil and Lee Spann Ranches, Inc.; State Engineer; State Board of Land Commissioners; Three Rivers Resort, Inc.; Uncompahgre Valley Water Users Association; Joseph P. Vader, Raymond P. Van Tuyl, Charles Richard Collard, Thomas E. Collard and Taylor Park Pool Association; and Wapiti Canyon Ranch, Ltd., Objectors-Appellees, and
Keith Kepler, Division Engineer, Water Division 4, Appellee pursuant to C.A.R. 1(e).
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
February 21, 1995.
February 21, 1995.
Attorney(s) appearing for the Case
Brownstein Hyatt Farber & Strickland, P.C., Charles B. White, Wayne F. Forman, Denver, CO, for objectors-appellants Crystal Creek Homeowners Ass'n and Ernest H. Cockrell.
Vranesh and Raisch, John R. Henderson, Paul J. Zilis, Boulder, CO, for applicant-appellee The Bd. of County Com'rs of the County of Arapahoe.
John R. Kappa, Montrose, CO, for objectors-appellees the Cities of Delta and Montrose.
Grimshaw & Harring, P.C., Wayne B. Schroeder, Denver, CO, for objector-appellee the City of Grand Junction.
Moses, Wittemyer, Harrison and Woodruff, P.C., Charles N. Woodruff, Boulder, CO, for objector-appellee Tri-State Generation and Transmission Ass'n, Inc.
U.S. Dept. of Justice, Andrew C. Mergen, Environment and Natural Resources Div., Washington, DC, U.S. Dept. of Justice, Michael A. Gheleta, Lynn A. Johnson, Environment and Natural Resources Div., Denver, CO, for objector-appellee U.S.
No appearance for the following objectors-appellees, Colorado River Water Conservation Dist., Upper Gunnison River Water Conservancy Dist., Henry J. Berryhill, Jr., Bd. of County Com'rs of the County of Gunnison, City of Gunnison, Colorado Wildlife Federation, Crested Butte Water and Sanitation Dist., Perkins D. Sams, East River at Almont Property Owners Ass'n, Gunnison Angling Soc., Gunnison County Elec. Ass'n, Murdie Homeowners' Ass'n, Inc., Nat. Wildlife Federation, Rainbow Services, Inc., Colorado Wildlife Federation, Gunnison Angling Soc. and Western Colorado Congress, Mr. and Mrs. Charles Reeder, Virgil and Lee Spann Ranches, Inc., State Engineer, State Bd. of Land Com'rs, Three Rivers Resort, Inc., Uncompahgre Valley Water Users Ass'n, Joseph P. Vader, Raymond P. Van Tuyl, Charles Richard Collard, Thomas E. Collard and Taylor Park Pool Ass'n, and Wapiti Canyon Ranch, Ltd.
No appearance for appellee pursuant to C.A.R. 1(e) Keith Kepler, Div. Engineer, Water Div. 4.
Supreme Court of Colorado, En Banc.
PER CURIAM.
Crystal Creek Homeowners Association (Crystal Creek) and Ernest H. Cockrell (jointly, the objectors) appeal from a judgment of the District Court for Water Division 4 (water court) denying them an award of costs under C.R.C.P. 54(d) after they successfully opposed applications for decrees determining conditional water rights filed by the Board of County Commissioners of Arapahoe County (Arapahoe) and its predecessor in interest, Natural Energy Resources...
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