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  5. 929 P.2d 718 (1996)
 

APPLICATION OF HINES HIGHLANDS PARTNERSHIP

No. 95SA294.

929 P.2d 718 (1996)

Concerning the APPLICATION FOR WATER RIGHTS OF HINES HIGHLANDS LIMITED PARTNERSHIP and Aspen Highlands Mountain Limited Liability Company, in Pitkin County. ASPEN WILDERNESS WORKSHOP, INC.; Constance Harvey; and Joy and Samuel Caudill, Objectors-Appellants, v. HINES HIGHLANDS LIMITED PARTNERSHIP and Aspen Highlands Mountain Limited Liability Company, Applicants-Appellees, and The City of Aspen; Board of County Commissioners of Pitkin County; Harold Simpson, Colorado State Engineer; Orlyn Bell, Division Engineer, Water Division 5; and Colorado Water Conservation Board, Objectors-Appellees.

Supreme Court of Colorado, En Banc.

December 9, 1996.

Attorney(s) appearing for the Case

Law Offices of Alison Maynard, Alison Maynard, Denver, for Objectors-Appellants.

Patrick & Stowell, P.C., Kevin Patrick, Brian Stowell, Aspen, Holland & Hart, L.L.P., Arthur B. Ferguson, Jr., Elizabeth A. Phelan, Stephanie S. Padilla, Denver, for Applicants-Appellees.

Office of the City Attorney, John P. Worcester, Aspen, Alperstein & Covell, P.C., Cynthia F. Covell, Denver, for Objector-Appellee City of Aspen.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Jennifer L. Gimbel, Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Peter A. Fahmy, Assistant Attorney General, Natural Resources Section, Edward R. Kowalski, Assistant Attorney General, Natural Resources Section, Denver, for Objectors-Appellees Colorado State Engineer; Division Engineer, Water Division No. 5; and Colorado Water Conservation Board.

No appearance for Objector-Appellee Board of County Commissioners of Pitkin County.

Justice KOURLIS delivered the Opinion of the Court.

The objectors-appellants, Aspen Wilderness Workshop, Inc., Constance Harvey, and Joy and Samuel Caudill (collectively, the appellants), appeal from an order of the District Court, Water Division 5 (water court) granting the applicants-appellees', Hines Highlands Limited Partnership and Aspen Highlands Mountain Limited Liability Company (collectively, Highlands), application for a conditional water decree. We conclude...

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