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SIMPSON v. COTTON CREEK CIRCLES, LLC

No. 07SA42.

181 P.3d 252 (2008)

Concerning the Matter of the Rules Governing New Withdrawals of Ground Water in Water Division No. 3 Affecting the Rate or Direction of Movement of Water in the Confined Aquifer System a/k/a "confined Aquifer New Use Rules for Division 3." Hal D. SIMPSON, in his official capacity as State Engineer for the State of Colorado, Proponent-Appellee v. COTTON CREEK CIRCLES, LLC., Opposer-Appellant and Rio Grande Water Conservation District; Rio Grande Water Users Association; and Conejos Water Conservancy District, Appellees.

Supreme Court of Colorado, En Banc.

March 24, 2008.

Attorney(s) appearing for the Case

Hale Friesen, LLP, Allan L. Hale, Richard A. Westfall, Denver, Colorado, Bratton Hill LLC, John R. Hill, Jr., Gunnison, Colorado, Attorneys for Cotton Creek Circles, LLC.

John W. Suthers, Attorney General, Peter J. Ampe, Assistant Attorney General, Denver, Colorado, Attorneys for the State Engineer of Colorado.

Hill & Robbins, P.C., David W. Robbins, Dennis M. Montgomery, Ingrid C. Barrier, Denver, Colorado, Attorneys for Rio Grande Water Conservation District.

Carlson, Hammond & Paddock, LLC, William A. Paddock, Mary Mead Hammond, Beth Ann J. Parsons, Denver, Colorado, Attorneys for Rio Grande Water Users Association.

Moses, Wittemyer, Harrison and Woodruff, P.C., David L. Harrison, Richard J. Mehren, Boulder, Colorado, Attorneys for Conejos Water Conservancy District.

Justice RICE delivered the Opinion of the Court.

I. Introduction

This is an appeal from a water court's Findings of Fact, Conclusions of Law, Judgment and Decree ("judgment") upholding rules related to certain new withdrawals from the confined aquifer in Water Division Three ("the rules")1. Appellant Cotton Creek Circles, LLC ("Opponent") asserts that the rules are invalid because they are contrary to statute and violate the...

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