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IN RE VOUGHT

No. 02SA293.

76 P.3d 906 (2003)

In the Matter of the Application for Water Rights of Peter VOUGHT and the Stucker Mesa Domestic Pipeline Company in Delta Colorado. Peter Vought, Applicant-Opposer-Appellant, v. Stucker Mesa Domestic Pipeline Company, Applicant-Opposer-Appellee, and Division Engineer, Water Division 4, Appellee pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

June 16, 2003.

Attorney(s) appearing for the Case

Patrick, Miller & Kropf, P.C., Kevin L. Patrick, Sara M. Dunn, Aspen, Colorado, Attorneys for Applicant-Opposer-Appellant.

Briscoe & Stanway, P.C., S. Gregg Stanway, Hotchkiss, Colorado, Attorneys for Applicant-Opposer-Appellee.

Division Engineer, Water Division 4, Filed Notice of Non-participation.

Justice HOBBS delivered the Opinion of the Court.

This case involves a dispute over appropriation dates for the right to use water from springs located on Peter Vought's land.1 Vought appeals a decision by the District Court for Water Division No. 4, granting conditional water rights to both Vought and Stucker Mesa Domestic Pipeline Company (Stucker Mesa) from the same water supply source—...

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