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SANTA FE TRAIL RANCHES v. SIMPSON

No. 99SA91.

990 P.2d 46 (1999)

SANTA FE TRAIL RANCHES PROPERTY OWNERS ASSOCIATION, Appellant, v. HAROLD D. SIMPSON, State Engineer; Steven J. Witte, Division Engineer; Purgatoire River Water Conservancy District; and City of Trinidad, Appellees.

Supreme Court of Colorado, En Banc.

December 6, 1999.

Attorney(s) appearing for the Case

Grimshaw & Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Philip M. Quatrochi, Denver, Colorado, Attorneys for Appellant.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Stephen C. Cann, Assistant Attorney General, Natural Resources and Environment Section, Steven O. Sims, Assistant Attorney General, Natural Resources and Environment Section, Attorneys for the State and Division Engineers.

Justice HOBBS delivered the Opinion of the Court

This appeal is from a judgment of the District Court for Water Division No. 2 (Water Court) dismissing an application for change of use of two water rights. Appellant Santa Fe Trail Ranches Property Owners Association (Santa Fe Ranches) raises a single issue for review:

Whether diversions made pursuant to a decreed water right, although not used for decreed uses, may be considered as establishing historical...

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