Concerning the Application for Water Rights of the Mount Emmons Mining Company, an affiliate of Climax Molybdenum Company, in the Slate River, Carbon Creek, and Elk Creek, All Tributaries to the Gunnison River, in Gunnison County.
MOUNT EMMONS MINING COMPANY, Applicant-Appellant,
v.
TOWN OF CRESTED BUTTE; Western Slope Environmental Council; High Country Citizens' Alliance; Board of County Commissioners of Gunnison County, Colorado; Rosalie C. Munis; Albert W. Sanderson; William S. Sanderson; A.B. Herndon, Jr. and June G. Herndon; John Evans and Betty Evans; the Ranches at Ohio Creek, LLC; Cheri-Colleen Campbell-Raferty; Mary J. Turner; The Colorado Water Conservation Board; Dr. B. Henry Estess; Crested Butte Mountain Resort, Inc.; Castle Creek Cattle Corp.; Castleton Ranch Company; Eagle Ridge Ranch Homeowners Association; Bert A. Guerrieri; Richard E. Guerrieri and Phyllis C. Guerrieri; Wallace A. Jones and Marry M. Jones; The Ochs Brothers Partnership; Harrison F. Russell and Patricia E. Russell; E. Allan Stockton and Barbara V. Stockton; John L. Walsh and Agnes Ann Walsh; The City of Gunnison; E.J. Maurer; The Board of County Commissioners of Arapahoe County; The United States (Bureau of Land Management and United States Forest Service); Crested Butte Land Trust; Earl Partch; Francis Partch; Carl E. Silka; Dan Rundell; Phyllis Rundell; Debe Hancock; Star Mountain Ranch Association, Inc.; and Scott Rennck, Opposers-Appellees, and
Wayne I. Schieldt, Division Engineer, Water Division No. 4., Appellee pursuant to C.A.R. 1(e).
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
January 28, 2002.
Rehearing Denied February 25, 2002.
Attorney(s) appearing for the Case
Friedlob Sanderson Paulson & Tourtillott, LLC, Brian M. Nazarenus, Carolyn F. Burr, Denver, CO, Attorneys for Applicant-Appellant.
Laura L. Magner, Crested Butte, CO, Frascona, Joiner, Goodman, and Greenstein, P.C., Joseph Adams Cope, Boulder, CO, Attorneys for Opposer-Appellee Town of Crested Butte.
Land and Water Fund of the Rockies, Bruce C. Driver, Bart P. Miller, Boulder, CO, Attorneys for Opposers-Appellees Western Slope Environmental Resource Council and High Country Citizens' Alliance.
David Baumgarten, Gunnison, CO, Attorney for Opposer-Appellee Board of County Commissioners of Gunnison County, CO.
Ken Salazar, Attorney General, Steven O. Sims, First Assistant Attorney General, Linda J. Bassi, Assistant Attorney General, Natural Resources and Environment Section, Denver, CO, Attorneys for State and Division Engineer.
No appearance by or on behalf of Rosalie C. Munis; Albert W. Sanderson; William S. Sanderson; A.B. Herndon, Jr. and June G. Herndon; John Evans and Betty Evans; The Ranches At Ohio Creek, LLC; Cheri-Colleen Campbell-Raferty; Mary J. Turner; The Colorado Water Conservation Board; Dr. B. Henry Estess; Crested Butte Mountain Resort, Inc.; Castle Creek Cattle Corp.; Castleton Ranch Company; Eagle Ridge Ranch Homeowners Association; Bert A. Guerrieri; Richard E. Guerrieri and Phyllis C. Guerrieri; Wallace A. Jones and Marry M. Jones; The Ochs Brothers Partnership; Harrison F. Russell and Patricia E. Russell; E. Allan Stockton and Barbara V. Stockton; John L. Walsh and Agnes Ann Walsh; The City Of Gunnison; E.J. Maurer; The Board Of County Commissioners Of Arapahoe County; The United States (Bureau Of Land Management And United States Forest Service); Crested Butte Land Trust; Earl Partch; Francis Partch; Carl E. Silka; Dan Rundell; Phyllis Rundell; Debe Hancock; Star Mountain Ranch Association, Inc.; and Scott Rennck.
Supreme Court of Colorado, En Banc.
Justice KOURLIS delivered the Opinion of the Court.
Mount Emmons Mining Company (Applicant) applied for a conditional water right to operate a molybdenum mine in Gunnison County. The water court denied the application, finding that Applicant failed to establish sufficient water availability to support a conditional decree. The water court based its denial upon an earlier ruling out of the same Water Division that affected...
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