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IN RE TONKO

No. 06SA199.

154 P.3d 397 (2007)

Concerning the Application for Water Rights of John and Beverly TONKO, In Fremont County, Colorado. Johnny F. Tonko and Donna Tonko, Applicants-Appellants v. Charles Mallow; City of Florence; Town of Coal Creek; Town of Williamsburg; Town of Rockvale; Phillip Kessler; Naomi Kessler; and Steven J. Witte, Division Engineer, Water Division 2, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

March 19, 2007.

Attorney(s) appearing for the Case

Shaw & Quigg, P.C., Linda McMillan, Pueblo, Colorado, Attorneys for Applicants-Appellants.

MacDougall, Woldridge & Worley, P.C., Julianne M. Woldridge, Colorado Springs, Colorado, Attorneys for Opposers-Appellees.

Justice HOBBS delivered the Opinion of the Court.

In this appeal from the District Court for Water Division No. 2 ("water court"),1 the applicants, Johnny and Donna Tonko, contend that the water court erred by granting summary judgment and dismissing their change of water right application with prejudice. The Tonkos' immediate predecessors-in-interest had previously filed a condemnation action...

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