Concerning the Application for Water Rights of Donna Joyce Streu and the Board of County Commissioners of Lake County, Colorado, in the Arkansas River and its Tributaries, in Lake and Chaffee Counties.
Donna Joyce STREU, Applicant-Appellant and
The Board of County Commissioners of Lake County, Applicant
v.
The CITY OF COLORADO SPRINGS, through its enterprise, COLORADO SPRINGS UTILITIES; City of Aurora; Board of Water Works of Pueblo; Twin Lakes Reservoir and Canal Company; U.S. Forest Service; Arkansas River Outfitters Association; City of Salida; Upper Arkansas Water Conservancy District; Marsha A. Chivers; The Estate of Warren Cureton; Van W. Cureton; Richard H. Cureton; Steven J. Witte; Dick Wolfe; Christopher J. Kobylarz; and Southeastern Colorado Water Conservancy District, Opposers-Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
September 20, 2010.
September 20, 2010.
Attorney(s) appearing for the Case
Law Office of William F. Smith, P.C., William F. Smith , Salida, Colorado, Attorney for Applicant-Appellant.
City of Colorado Springs, Mark D. Shea , General Counsel's Division, Colorado Springs, Colorado, Attorney for Opposer-Appellee the City of Colorado Springs, through its enterprise, Colorado Springs Utilities.
Duncan, Ostrander & Dingess, P.C., John M. Dingess , Patricia A. Madsen , Denver, Colorado, Attorneys for Opposer-Appellee City of Aurora, acting by and through its Utility Enterprise.
United States Department of Justice, Eric Holder , Attorney General, James J. Dubois , Assistant Attorney General, Environment and Natural Resources Division, Denver, Colorado, Sambhav N. Sankar , Assistant Attorney General, Environment and Natural Resources Division, Washington, D.C., Attorneys for Opposer-Appellee U.S. Forest Service.
Moses, Wittemyer, Harrison and Woodruff, P.C., James R. Montgomery , Boulder, Colorado, Attorney for Opposers-Appellees Arkansas River Outfitters Association and City of Salida.
Felt, Monson & Culichia, LLC, Christopher D. Cummins , Colorado Springs, Colorado, Attorney for Opposers-Appellees Marsha A. Chivers, The Estate of Warren Cureton, Van W. Cureton and Richard H. Cureton.
John W. Suthers , Attorney General, Patrick E. Kowaleski , Natural Resources Section, Denver, Colorado, Attorneys for Opposers-Appellees Steven J. Witte and Dick Wolfe.
No Appearance by or on behalf of Upper Arkansas Water Conservancy District and Christopher J. Kobylarz.
Supreme Court of Colorado, En Banc.
Justice BENDER delivered the Opinion of the Court.
In this appeal, applicant Donna Streu asks us to review the water court's decision to dismiss her case for failure to prosecute under Colorado Rules of Civil Procedure 41(b)(2) and 121, section 1-10.1 We hold that the water court did not abuse its discretion when it dismissed Streu's case because, under the circumstances, it did not act in a manifestly arbitrary or unreasonable manner...
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