HIGH PLAINS A & M v. SE COLORADO WATER CON.

Applicant-Appellant: HIGH PLAINS A & M, LLC, a Colorado limited liability company, v. Objectors-Appellees: SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT; Lower Arkansas Valley Water Conservancy District; District 67 Irrigating Canals Association and its members, the Amity Mutual Irrigation Company, the Fort Bent Canal and Irrigation Company, Keesee Ditch, Buffalo Mutual Irrigation Company, X Y and Graham Canals, Manval Canal and Irrigation Company, and the Hyde Mutual Ditch Company; Carl M. Shinn; Mary Jane Shinn; Wendy S. Shinn; Board of Water Works of Pueblo, Colorado; Colorado Springs Utilities; Lake Henry Reservoir Company; Lake Meredith Reservoir Company; Colorado Canal Company; Harold D. (Hal) Simpson, State Engineer; Steven J. Witte, Division Engineer for Water Division 2; Colorado Water Conservation Board; Arkansas Valley Ditch Association and its individual members, Bessemer Irrigating Ditch, Oxford Farmers Ditch Company, High Line Canal Company, Rocky Ford Ditch Company (Board of Water Works of Pueblo, Colorado named separately above); Catlin Canal Company, individually and as a member of the Arkansas Valley Ditch Association; City of Aurora; Bent County Board of County Commissioners; Bourne Limited Partnership; Stanley V. Cline, individually, and as Personal Representative of the Estate of Bonnie Cline and the Estate of Joe Cline; Clover Meadow Lateral Ditch Company; City of Colorado Springs; Colorado Water Protective and Development Association; Columbine Lateral Ditch Co. and members; Consolidated Ditch Lateral Inc. and members; Contibeef LLC, d/b/a Colorado Beef; Rex Davis; Alberta Davis; Enterprise Lateral, an unincorporated association; the Fort Lyon Canal Company; James A. Gruenloh; Holbrook Mutual Irrigating Company; Lyle T. Japhet, as trustee for the Lyle T. Japhet Trust; Willard Kasza; Andrew Kern Drainage Ditch, Priority Number 65; City of Lamar; Lower Arkansas Water Management Association; Robert C. Lubbers; Raymond D. Mauch; May Valley Water Association; Donald Martin McBee; Donald Marvin McBee; McClave Lateral, an unincorporated association; Board of County Commissioners of the County of Otero; Public Service Company of Colorado d/b/a Xcel Energy; Pueblo, a municipal corporation; Smith Mutual Ditch Company; St. Charles Mesa Water District; Sunflower Lateral, an unincorporated association; Timberlake Grazing Association, Inc.; United States of America; Upper Arkansas Water Conservancy District; and Valley Water Protection Association, LLC and individual members. Applicants/Appellants: HIGH PLAINS A & M, LLC, a Colorado limited liability company; and Wollert Enterprises, Inc., a Colorado corporation, v. Objectors/Appellees: SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT; Lower Arkansas Valley Water Conservancy District; District 67 Irrigating Canals Association and its members, the Amity Mutual Irrigation Company, the Fort Bent Canal and Irrigation Company, Keesee Ditch, Buffalo Mutual Irrigation Company, X Y and Graham Canals, Manval Canal and Irrigation Company, and the Hyde Mutual Ditch Company; Carl M. Shinn; Mary Jane Shinn; Wendy S. Shinn; Board of Water Works of Pueblo, Colorado; Colorado Springs Utilities; Lake Henry Reservoir Company; Lake Meredith Reservoir Company; Colorado Canal Company; Harold D. (Hal) Simpson, State Engineer; Steven J. Witte, Division Engineer for Water Division 2; Colorado Water Conservation Board; Arkansas Valley Ditch Association and its individual members, Bessemer Irrigating Ditch, Oxford Farmers Ditch Company, High Line Canal Company, Rocky Ford Ditch Company (Board of Water Works of Pueblo, Colorado named separately above); Catlin Canal Company, individually and as a member of the Arkansas Valley Ditch Association; Arbor Lateral Company; City of Aurora; Bent Conservation District; Bent County Board of County Commissioners; Bourne Limited Partnership; Stanley V. Cline, individually, and as Personal Representative of the Estate of Bonnie Cline and the Estate of Joe Cline; Clover Meadow Lateral Ditch Company; City of Colorado Springs; Colorado State Division of Wildlife and Wildlife Commission; Colorado Water Protective and Development Association; Columbine Lateral Ditch Co. and members; Consolidated Ditch Lateral Inc. and members; Contibeef LLC, d/b/a Colorado Beef; Rex Davis; Alberta Davis; Don Downing; Bonnie J. Earl, as trustee for the Earl Living Trust; Enterprise Lateral, an unincorporated association; the Fort Lyon Canal Company; Hans Friederichs, Jr. and Joleyne White-Heckman Friederichs, as members and representatives of the Stony Point Lateral, an unincorporated association; James A. Gruenloh; Burt Heckman, individually, as partner with Fred Heckman, as a member and representative of the McClave Lateral, an unincorporated association and as owner of the A. Reyher Seep One Ditch; Ruth Hency; Dale Hency; Holbrook Mutual Irrigating Company; Lyle T. Japhet, as trustee for the Lyle T. Japhet Trust; Willard Kasza; Andrew Kern Drainage Ditch, Priority Number 65; City of Lamar; Lower Arkansas Valley Watershed Association of Conservation Districts; Lower Arkansas Water Management Association; Robert C. Lubbers; Raymond D. Mauch; May Valley Water Association; Donald Martin McBee; Donald Marvin McBee; McClave Lateral, an unincorporated association; McClave Water Association; Kent and Peg Miller, as Personal Representatives for headgates 91, 95, 112 of the Fort Lyon Canal; Board of County Commissioners of the County of Otero; Prowers County Board of Commissioners; Public Service Company of Colorado, d/b/a Xcel Energy; Pueblo, a municipal corporation; Reed & Ullom, a general partnership; Lorraine Schleining; Stoney Point Lateral, an unincorporated association; Smith Mutual Ditch Company; St. Charles Mesa Water District; Sunflower Lateral, an unincorporated association; Timberlake Grazing Association, Inc.; United States of America; Upper Arkansas Water Conservancy District; Valley Water Protection Association, LLC and individual members; Lance O. Verhoeff; Verhoeff Farms, Inc.; the Wheatridge Mutual Lateral Ditch Company; Wiley Drainage District; Wiley School District Re-13JT; and Mike Wyckoff as Personal Representative for headgates 101, 112, of Fort Lyon Canal.