In re: The APPLICATION FOR WATER RIGHTS of UNITED STATES of America.
The United States of America, Applicant,
v.
Colorado State Engineer; Division Engineer for Water Division No. 4; Colorado Water Conservation Board; Colorado River Energy Distributors Association; Southeastern Colorado Water Conservancy District; Colorado Farm Bureau; Montrose County Farm Bureau; Delta County Farm Bureau; Colorado River Water Conservation District; Upper Gunnison River Water Conservancy District; and Mt. Emmons Mining, Opposers, and
Environmental Defense; High Country Citizens' Alliance; the Wilderness Society; Western Colorado Congress; Western Slope Environmental Resource Council; and Trout Unlimited, Additional Opposers.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
November 8, 2004.
November 8, 2004.
Attorney(s) appearing for the Case
U.S. Department of Justice, Environment & Natural Resources Division, David W. Gehlert, Denver, for Applicant.
Moses, Wittemyer, Harrison & Woodruff, P.C., Timothy J. Beaton, Gabriel D. Carter, Boulder, for Colorado River Energy Distributors Association.
Ken Salazar, Attorney General, Carol D. Angel, First Assistant Attorney General, Denver, for Colorado Water Conservation Board and for Division Engineer for Water Division No. 4.
Bratton & McClow, LLC, John H. McClow, Marcus J. Lock, Gunnison, for Upper Gunnison River Water Conservancy.
Colorado River Water Conservation District, Peter Fleming, General Counsel, Jill C.H. McConaughy, Associate Counsel, Glenwood Springs, for Colorado River Water Conservation District.
Friedlob Sanderson Paulson & Tourtillott, LLC, Brian M. Nazarenus, William H. Caile, Denver, for Mount Emmons Mining Company.
Burns, Figa & Will, P.C., Lee E. Miller, Englewood, for Colorado Farm Bureau, Delta County Farm Bureau, Montrose County Farm Bureau and Southeastern Colorado Water Conservancy District.
Western Resource Advocates, Bart Miller, Boulder, for Environmental Defense, High Country Citizens' Alliance, The Wilderness Society, Western Colorado Congress, and Western Slope Environmental Resource Council.
Andrew Peternell, Boulder, for Trout Unlimited.
Supreme Court of Colorado, En Banc.
MULLARKEY, Chief Justice.
I. Introduction
The petitioners, various private and public Colorado entities, challenge a stay order entered by the water court that delays quantification of the United States' reserved water right in the Black Canyon of the Gunnison National Park until after federal litigation on related issues is resolved. The stay was requested by several environmental groups ("Environmental Opposers") after they filed an action in federal court...
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