Concerning the Application for Water Rights of Natural Energy Resources Company (NECO) in Gunnison County.
NATURAL ENERGY RESOURCES COMPANY, Applicant/Appellant
v.
UPPER GUNNISON RIVER WATER CONSERVANCY DISTRICT; Crystal Creek Homeowners; Milton Graves, Douglas Bryant, and Nancy Williams as Trustees of (1) the Trust under the Will of Ernest Cockrell Jr., for the benefit of Ernest Cockrell and (2) the Louisiana Trust under the Will of Virginia Cockrell for the benefit of Ernest D. Cockrell II and (3) the Louisiana Trust under the Will of Virginia Cockrell for the benefit of David Cockrell; Colorado River Water Conservation District; Board of County Commissioners of Gunnison County; High Country Citizens' Alliance; City of Gunnison; Colorado Water Conservation Board; Frank Kugle, Division Engineer, Water Division No. 4; Taylor Park Cattle Association; Uncompahgre Valley Water Users Association; United States Department of the Interior, National Park Service; Department of Agriculture, Grand Mesa, Uncompahgre, and Gunnison Range District; Department of the Interior, Bureau of Reclamation, Western Colorado Area Office; and Trout Unlimited, Opposers/Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
September 11, 2006.
Rehearing Denied October 2, 2006.
Attorney(s) appearing for the Case
M.E. MacDougall, Julianne M. Woldridge, Henry D. Worley, MacDougall, Woldridge & Worley, P.C., Colorado Springs, Colorado, Attorneys for Applicant/Appellant, Natural Energy Resources Company.
John H. McClow, John R. Hill, Jr., Bratton & McClow, LLC, Gunnison, Colorado, Attorneys for Opposer/Appellee, Upper Gunnison River Water Conservancy District.
Charles B. White, David S. Hayes, Petros & White, LLC, Denver, Colorado, Attorneys for Opposer/Appellee, Crystal Creek Homeowners; Milton Graves; Douglas Bryant; and Nancy Williams.
Peter C. Fleming, Taylor E.C. Hawes, Kristin M. Gillespie, Glenwood Springs, Colorado, Attorneys for Opposer/Appellee, Colorado River Water Conservancy District.
David Baumgarten, Gunnison County Attorney, Thomas A. Dill, Deputy County Attorney, Gunnison, Colorado, Attorneys for Opposer/Appellee, Board of County Commissioners of Gunnison County.
Western Resources Advocates, Bart Miller, Boulder, Colorado, Attorneys for Opposer/Appellee, High Country Citizens' Alliance.
Victor T. Roushar, Montrose, Colorado, Attorney for Opposer/Appellee, Uncompahgre Valley Water Users Association.
Timothy J. Beaton, Gabriel D. Carter, Moses, Wittemyer, Harrison and Woodruff, P.C., Boulder, Colorado, Attorneys for Opposer/Appellee, City of Gunnison.
David W. Gehlert, U.S. Department of Justice, Environment and Natural Resources Division, General Litigation Section, Denver, Colorado, Attorneys for the United States of America.
Supreme Court of Colorado, En Banc.
Justice MARTINEZ delivered the Opinion of the Court.
Petitioner-Applicant, Natural Energy Resources Company ("NECO"), appeals the decision of the Water Court for Water Division No. 4 ("water court"), dismissing its application seeking a finding of reasonable diligence for its conditional decree ("Decree") entered in Case No. 82-CW-340 for storage rights in the Union Park Reservoir. The Decree's use provision contemplated using Taylor Park Reservoir as a forebay and...
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