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UPPER EAGLE REGIONAL WATER AUTH. v. SIMPSON

No. 06SA303.

167 P.3d 729 (2007)

UPPER EAGLE REGIONAL WATER AUTHORITY, Applicant-Appellee v. Harold ("Hal") D. SIMPSON, State Engineer; Alan C. Martellaro, Division Engineer for Water Division 5; Colorado Water Convservation Board, Opposers-Appellants. and City of Aurora, through the Homestake Project; City of Colorado Springs, through the Homestake Project; and Colorado River Water Conservation District, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 1, 2007.

Attorney(s) appearing for the Case

Porzak Browning & Bushong LLP, Glenn E. Porzak, P. Fritz Holleman, Kevin J. Kinnear, Eli A. Feldman, Boulder, Colorado, Attorneys for Upper Eagle Regional Water Authority.

John W. Suthers, Attorney General, Paul L. Benington, Assistant Attorney General, Alexandra L. Davis, Assistant Attorney General, Denver, Colorado, Attorneys for State and Division Engineer and Colorado Water Conservation Board.

No appearance by or on behalf of City of Aurora, through the Homestake Project; City of Colorado Springs, through the Homestake Project; and Colorado River Water Conservation District.

Chief Justice MULLARKEY delivered the opinion of the Court.

This case involves an application for augmentation and exchange filed by the Upper Eagle Regional Water Authority ("the Authority"). The proposed plan allows the Authority 10.8 acre-feet of out-of-priority depletions from its three main diversion points on the Eagle River, and in exchange, the Authority is responsible for releasing augmentation water from Wolford...

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