IN RE WATER RIGHTS OF COLUMBINE ASSOC.

No. 98SA449.

993 P.2d 483 (2000)

In the Matter of the Application for WATER RIGHTS OF COLUMBINE ASSOCIATES and the City of Aurora, in Park County, Park County Water Preservation Coalition, Appellant, v. Columbine Associates, The City of Aurora, The City of Thornton, The Board of Commissioners of Park County, The Upper South Platte Water Conservancy District, Appellees, and State Engineer Harold D. Simpson, and Division Engineer Richard L. Stenzel, Appellees pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

February 14, 2000.


Attorney(s) appearing for the Case

Felt, Houghton & Monson, LLC, James G. Felt, James W. Culichia, Colorado Springs, Colorado, Attorneys for Appellant.

Bernard, Lyons & Gaddis, P.C., Jeffrey J. Kahn, Steven P. Jeffers, Longmont, Colorado, Attorneys for Appellees, Board of Commissioners of Park County and Upper South Platte Water Conservancy District.

Evan D. Ela, Margaret Emerich, Steven L. Snyder, Thornton, Colorado, Attorneys for the City of Thornton.

Duncan, Ostranter & Dingess, P.C., John M. Dingess, Lynn B. Obernyer, Ronald E. vonLembke, Stephanie J. Neitzel, Denver, Colorado, Attorneys for the City of Aurora.

No appearance by or on behalf of Columbine Associates.


Justice SCOTT delivered the Opinion of the Court.

The Park County Water Preservation Coalition ("Park County Coalition") appeals a sexennial finding of reasonable diligence in the development of conditional water rights decreed by the District Court for Water Division 1 ("water court"). The water court ruled that the City of Aurora ("Aurora") demonstrated reasonable diligence in the development of the subject water rights. Aurora owns the conditional water rights...

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