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CORNELIUS v. RIVER RIDGE RANCH LANDOWNERS ASS'N

No. 08SA83.

202 P.3d 564 (2009)

Mark A. CORNELIUS, Applicant-Appellant v. RIVER RIDGE RANCH LANDOWNERS ASSOCIATION; Rio Cucharas Phase 3 Homeowners Association; Maria Lake Grazing Association; Dick Wolfe, State Engineer; Steve Witte, Division Engineer for Water Division 2; Huerfano County Commissioners; Huerfano County Water Conservancy District; Pat McConnell; Angela Treece; Talbert R. Mead, Jr.; Richard I. George; Loretta Charlifue; and Maria Martinez, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

March 2, 2009.

Attorney(s) appearing for the Case

Max I. Exline, Pueblo, Colorado, Attorney for Applicant-Appellant.

Julianne M. Woldridge, Colorado Springs, Colorado, Attorney for Opposers-Appellees River Ridge Ranch Landowners Association and Rio Cucharas Phase 3 Homeowners Association.

John W. Suthers, Attorney General, Beth Van Vurst, Assistant Attorney General Denver, Colorado, Attorney for Opposers-Appellees Dick Wolfe, State Engineer and Steve Witte, Division Engineer for Water Division 2.

Garrett Sheldon Walsenburg, Colorado, Attorney for Opposer-Appellee Huerfano County Commissioners.

No appearance by or on behalf of: Pat McConnell, Angela Treece, Talbert R. Mead, Jr., Richard I. George, Loretta Charlifue, Maria Lake Grazing Association, LLP, and Maria Martinez.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

Mark A. Cornelius appeals the dismissal for failure to prosecute of three applications for adjudication of water rights by the water court for Water Division 2 ("water court"). Pursuant to a motion filed by several of the Opposers to the applications, the water court dismissed the cases because Cornelius failed to comply with the disclosure requirements of the Colorado Rules of Civil Procedure...

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