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IN RE WATER RIGHTS OF ELK DANCE COLO., LLC

No. 04SA328.

139 P.3d 660 (2006)

In the Matter of the Application for WATER RIGHTS OF ELK DANCE COLORADO, LLC, d/b/a Shadow Creek Ranch in Summit County. Joyce C. McNichols, Kenneth J. McNichols, Marguerite Sergent, Joseph Sergent, and Gerald Lewis, Plaintiffs-Appellants v. Elk Dance Colorado, LLC, d/b/a Shadow Creek Ranch; Alan Martellaro, Division Engineer for Water Division 5; and Harold Simpson, Colorado State Engineer, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 31, 2006.

Attorney(s) appearing for the Case

Alison Maynard, Denver, Colorado, Attorney for Plaintiffs-Appellants Joyce C. McNichols, Kenneth J. McNichols, Joseph Sergent, and Gerald Lewis.

Porzak Browning & Bushong LLP, Glenn E. Porzak, Kristin Howse Moseley, Boulder, Colorado, Attorneys for Defendant-Appellee Elk Dance Colorado, LLC, d/b/a Shadow Creek Ranch.

John W. Suthers, Attorney General, Jennifer Mele, Assistant Attorney General, Water Rights Unit, Natural Resources & Environment Section, Denver, Colorado, Attorneys for Defendants-Appellees Alan Martellaro, Division Engineer for Water Division 5; and Harold Simpson, Colorado State Engineer.

No appearance by or on behalf of Plaintiff-Appellant Marguerite Sergent.

Justice BENDER delivered the Opinion of the Court.

INTRODUCTION

In this case, Appellants, Joyce C. McNichols, Kenneth J. McNichols, Marguerite Sergent, Joseph Sergent, and Gerald Lewis, appeal two orders of Division No. 5 Water Court that dismissed their petitions to set aside decrees entered in Water Court cases 00CW99 and 00CW302. These decrees granted Elk Dance Colorado's (Elk Dance) applications to change features of the augmentation plan originally...

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