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CHEROKEE METRO. v. UBS. CREEK WATER MGMT.

No. 09SA337.

247 P.3d 567 (2011)

CHEROKEE METROPOLITAN DISTRICT, Applicant-Appellant v. UPPER BLACK SQUIRREL CREEK DESIGNATED GROUND WATER MANAGEMENT DISTRICT, Colorado Ground Water Commission, Wayne E. Booker, and Francis G. Booker, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

February 7, 2011.

Attorney(s) appearing for the Case

Ryley Carlock & Applewhite, William B. Tourtillot , Roger T. Williams , Jackson Kelly PLLC, Martha Phillips Whitmore , Denver, Colorado, Law Office of Kevin Donovan, LLC, Kevin R. Donovan , Colorado Springs, Colorado, Attorneys for Applicant-Appellant Cherokee Metropolitan District.

Trout, Raley, Montaño, Witwer & Freeman, PC, Robert V. Trout , Peter D. Nichols , Lisa M. Thompson , Denver, Colorado, Attorneys for Opposer-Appellee Upper Black Squirrel Creek Designated Ground Water Management District.

Moses Wittemyer Harrison & Woodruff P.C., Timothy J. Beaton , Boulder, Colorado, Attorneys for Opposers-Appellees Wayne E. Booker and Francis G. Booker.

No Appearance by or on behalf of Opposers-Appellees Colorado Ground Water Commission and Appellee Pursuant to C.A.R. 1(e) Steve Witte, Division Engineer for Water Division No. 2.

Chief Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this case, we affirm the water Division No. 2 court's order that declared a number of conditional water rights abandoned, and we reverse the water court's entry of attorney fees. On January 25, 1999, Cherokee Metropolitan District ("Cherokee") and Upper Black Squirrel Creek Ground Water Management District ("UBS"), among other parties, entered into a Stipulation and Release concerning...

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