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UPPER YAMPA WATER CONSER. v. DEQUINE FAMILY

No. 09SA118.

249 P.3d 794 (2011)

UPPER YAMPA WATER CONSERVANCY DISTRICT, Applicant-Appellant v. DEQUINE FAMILY L.L.C.; Flying Diamond Resources, Ltd.; Kim Singleton; James A. Larson; Colorado Water Conservation Board; Dick Wolfe, State Engineer; and Erin Light, Division Engineer Water Division 6, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

April 11, 2011.

Attorney(s) appearing for the Case

Weiss & Van Scoyk, LLP, Robert G. Weiss , Steamboat Springs, Colorado, Balcomb & Green, PC, David Hallford , Scott A. Grosscup , Glenwood Springs, Colorado, Attorneys for Applicant-Appellant.

Petros & White, LLC, Charles B. White , Denver, Colorado, Attorneys for Opposers-Appellees, Dequine Family, L.L.C.; Flying Diamond Resources, Ltd; Kim Singleton; and James A. Larson.

John W. Suthers , Attorney General, John J. Cyran , First Assistant Attorney General, Scott Steinbrecher , Assistant Attorney General, Denver, Colorado, Attorneys for Opposers-Appellees Dick Wolfe, State Engineer and Erin Light, Division Engineer Water Division 6.

Justice COATS delivered the Opinion of the Court.

The Upper Yampa Water Conservancy District appealed directly to this court from an order of the water court dismissing its application for a conditional water right. After presentation of the District's case, the court granted the opposer Dequine Family's C.R.C.P. 41(b) motion and dismissed for failure of the District to establish a need for water in the claimed amount sufficient to satisfy the requirements of the...

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