The PEOPLE of the State of Colorado, ex rel. Hal D. SIMPSON, State Engineer; and Steven J. Witte, Division Engineer for Water Division 2, Plaintiffs-Appellees,
v.
The HIGHLAND IRRIGATION COMPANY, a mutual ditch company; and The Nine Mile Canal Company, a mutual ditch company, Defendants-Appellants.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
June 3, 1996.
As Modified on Denial of Rehearing June 17, 1996.
Attorney(s) appearing for the Case
Gale A. Norton, Attorney General, Stephen E. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Wendy C. Weiss, First Assistant Attorney General, Natural Resources Section, Denver, for Plaintiffs-Appellees.
Grimshaw & Harring, P.C., Wayne B. Schroeder, Denver, for Defendants-Appellants.
David L. Harrison, Amelia S. Whiting, Boulder, for Amicus Curiae Lower Arkansas Water Management Association.
Holland & Hart, Anne J. Castle, Denver, for Amicus Curiae Continental Grain Company d/b/a Colorado Beef.
Shinn Lawyers, Carl M. Shinn, Donald L. Steerman, Lamar, for Amicus Curiae District 67 Irrigating Canals Association.
Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Jennifer L. Gimbel, Deputy Attorney General, Natural Resources Section, Denver, for Amicus Curiae Colorado Water Conservation Board.
Fairfield and Woods, P.C., Howard Holme, Stephen L. Leonhardt, Denver, for Amicus Curiae Southeastern Colorado Water Conservancy District.
Lefferdink & Bullock, John S. Lefferdink, Lamar, for Amicus Curiae Fort Lyon Canal Company.
Michael T. Mitchell, Parker, for Amicus Curiae Arkansas Valley Ditch Association.
Supreme Court of Colorado, En Banc.
Justice HOBBS delivered the Opinion of the Court.
This appeal is from a judgment of the District Court for Water Division 2 enjoining appellants, two upstream mutual ditch companies holding junior priorities, The Highland Irrigation Company (Highland) and The Nine Mile Canal Company (Nine Mile), from any continued violation of diversion curtailment orders issued by the Division Engineer (Engineer). The curtailment orders were issued under section 37-92-502, 15 C.R...
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