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FORT MORGAN v. GASP

No. 03SA56.

85 P.3d 536 (2004)

Concerning the Application for Water Rights of Groundwater Appropriators of the South Platte River Basin, Inc., FORT MORGAN RESERVOIR AND IRRIGATION COMPANY, Objector-Appellant v. GROUNDWATER APPROPRIATORS OF the SOUTH PLATTE RIVER BASIN, INC., Applicant-Appellee and Lower South Platte Water Conservancy District and Ferguson Family Trust, Objectors-Appellees Division Engineer, Water Division No. 1, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

February 23, 2004.

Attorney(s) appearing for the Case

Timothy R. Buchanan, P.C., Timothy R. Buchanan, Karen M. Holmes, Arvada, Colorado, Attorneys for Objector-Appellant.

Hill & Robbins, P.C., David W. Robbins, Dennis M. Montgomery, Avi S. Rocklin, Denver, Colorado, Attorneys for Applicant-Appellee.

Justice KOURLIS delivered the Opinion of the Court.

I. INTRODUCTION

On June 30, 1998, Groundwater Appropriators of the South Platte River Basin, Inc. (GASP) filed an application in the District Court in and for Water Division No. 1 (the "water court") pursuant to the Water Right Determination and Administration Act of 1969 (the "1969 Act")1 for a conditional water storage right for the...

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