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UPPER YAMPA WATER CONSERV. DIST. v. WOLFE

No. 09SA352.

255 P.3d 1108 (2011)

Concerning the Application for Water Rights of Upper Yampa Water Conservancy District in the Yampa River or its Tributaries in Routt and Moffat Counties, Colorado, UPPER YAMPA WATER CONSERVANCY DISTRICT, Applicant-Appellant v. Dick WOLFE, State Engineer and Erin Light, Division Engineer, Water Division 6, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

June 27, 2011.

Attorney(s) appearing for the Case

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

John W. Suthers , Attorney General, John Cyran , First Assistant Attorney General, Scott Steinbrecher , Assistant Attorney General, Denver, Colorado, Attorneys for Opposer-Appellees.

Moses, Wittemyer, Harrison and Woodruff, P.C., Timothy J. Beaton , Aaron S. Ladd , Boulder, Colorado, Julie A. Rech , Westminster, Colorado, Attorneys for Amicus Curiae Tri-State Generation and Transmission Association, Inc.

Justice EID delivered the Opinion of the Court.

In 2006, the Upper Yampa Water Conservancy District (the "District") filed an application for absolute water rights, based on their conditional water rights on Four Counties Ditch Number 3 ("Four Counties Rights"). The State Engineer and Division Engineer, Water Division 6 (the "Engineers") opposed the application and moved for summary judgment. The water court denied the Engineers' motion, but ruled as a matter of law...

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