CONCERNING the APPLICATION FOR WATER RIGHTS OF TURKEY CAÑON RANCH LIMITED LIABILITY COMPANY, As Amended By the First and Second Amendments to Application in El Paso County.
Ethel SHIROLA, Matt Shirola and Karen Shirola, Larry Lasha and Dorothy Lasha, Richard Guy and Pamela Guy, Wendy Drew and David Anderson, Greg Dickey and Tami Dickey, Evelyn Ellis, Tony Heslop and Tuesday Heslop, Will King and Jeanne King, Hans Liebrich and Hilde Liebrich, Peter Cook and Rhonda Svoboda, Joe Macaluso and Pat Macaluso, Mike Landry and Linda Landry, Jim Dickey and Sydney Dickey, Larry Adams and Karen Adams, and Paul Darrah and Edie Darrah, Appellants,
v.
TURKEY CAÑON RANCH LIMITED LIABILITY COMPANY; and Steven J. Witte, Division Engineer, Water Division No. 2, Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
April 28, 1997.
As Modified on Denial of Rehearing May 19, 1997.
Attorney(s) appearing for the Case
MacDougall Law Office, M.E. MacDougall, Julianne M. Woldridge, Henry D. Worley, David I. Liberman, Colorado Springs, for Appellants.
Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Jennifer L. Gimbel, Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Steven O. Simms, Assistant Attorney General, Natural Resources Section, Denver, for Appellee State Engineer and Division Engineer, Water Division No. 2.
Felt, Houghton & Monson, LLC, James G. Felt, Steven T. Monson, James W. Culichia, Colorado Springs, for Appellee Turkey Cañon Ranch Limited Liability Company.
Duncan, Ostrander & Dingess, P.C., John M. Dingess, Lynn B. Obernyer, Denver, for Amicus Curiae City of Aurora, Colorado, Acting By and Through its Utility Enterprise.
Grant, Bernard, Lyons & Gaddis, Jeffrey J. Kahn, Steven P. Jeffers, Longmont, for Amicus Curiae Park County and Upper South Platte Water Conservancy District.
Baker & Hostetler, Kenneth J. Burke, L. Andrew Cooper, Denver, for Amicus Curiae Park County Sportsmen's Ranch.
Law Offices of Alison Maynard Paul Upsons Alison Maynard Denver, for Amicus Curiae Park County Water Preservation Coalition.
Supreme Court of Colorado, En Banc.
Justice KOURLIS delivered the Opinion of the Court.
Turkey Cañon Ranch Limited Liability Company (Turkey Cañon) seeks to develop a subdivision on 323 acres of land in El Paso County. In order to provide water for the subdivision, Turkey Cañon filed a water application with the District Court, Water Division 2 (water court) in February 1994, seeking conditional underground water rights for two wells accompanied by a plan for augmentation to replace surface...
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