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BUFFALO PARK DEV. CO. v. MOUNTAIN MUT. RESERV. CO.

No. 06SA373.

195 P.3d 674 (2008)

Concerning the Application for Water Rights in the South Platte River or its Tributaries in Jefferson, Douglas, Arapahoe and Park Counties and the City and County of Denver. BUFFALO PARK DEVELOPMENT COMPANY, a Colorado corporation; Colorado Mountain Properties, Inc., a Colorado Corporation; and Evergreen Memorial Park, Inc., a Colorado corporation, Applicants-Appellants: v. MOUNTAIN MUTUAL RESERVOIR COMPANY, a Colorado non-profit corporation; and North Fork Associates, LLC, Applicants-Appellees, and Bear Mountain Homeowners Association; Brook Forest Water District; Colorado Water Conservation Board; City and County of Denver, Acting by and Through its Board of Water Commissioners; City of Englewood; Evergreen Metropolitan District; Vista Exline; Farmers Reservoir and Irrigation Company; Foothills Metropolitan Recreation and Park District; Genesee Water and Sanitation District; Jefferson County Open Space Department; Henry L. Kerschbaum; City of Lakewood; Jeremiah P. Lee; Ronald P. Lewis; Charles J. Maas; Town of Morrison; Ben Napheys; Larry J. Plume; Red Rocks Country Club; South Evergreen Water District; Theodore M. Zorich; and the Colorado Department of Water Resources, State and Division Engineers, Applicants-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing November 24, 2008.

Attorney(s) appearing for the Case

Tienken & Hill, LLP, Alan G. Hill, Louisville, Attorneys for Applicant-Appellants.

Vranesh and Raisch, LLP, Michael D. Shimmin, Boulder, Attorneys for Opposers-Appellees.

David C. Lindholm, Boulder, Attorneys for Mountain Mutual Reservoir Company, and North Fork Associates.

Charles J. Maas, Evergreen, Ben Napheys III, Fort Ludlow, Henry L. Kerschbaum, Evergreen, Jeremiah P. Lee III, Evergreen, Vista Exline, Golden, Larry J. Plume, Evergreen, Opposers-Appellees, pro se.

Justice HOBBS delivered the Opinion of the Court.

This water case is now in its 15th year. It was filed in 1994 with an application for conditional water rights and an augmentation plan for 205 wells to be constructed in five Jefferson County mountain subdivisions in the Turkey Creek and Bear Creek sub-basins of the South Platte River Basin.

From the outset of the case, the owners of existing small capacity wells in the vicinity of three of the subdivisions...

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