IN RE APPLICATION FOR UNDERGROUND WATER RIGHTS

Supreme Court Case No. 12SA313.

304 P.3d 1167 (2013)

2013 CO 53

CONCERNING THE APPLICATION FOR UNDERGROUND WATER RIGHTS, CHANGE OF WATER RIGHTS, AND PLAN FOR AUGMENTATION OF CHEROKEE METROPOLITAN DISTRICT, EL PASO COUNTY, COLORADO. Cherokee Metropolitan District, Applicant-Appellee and Frances Booker; Wayne E. Booker; Farmer Pipeline Co., LLC; Dan Farmer; Edna Farmer; Jerry Farmer; Joe Farmer, Jr.; Teresa Farmer; and Upper Black Squirrel Creek Ground Water Management District, Opposers-Appellees: and Dick Wolfe, State Engineer, and Steven J. Witte, Division Engineer, Water Division No. 2, Appellees Pursuant to C.A.R. 1(e): v. Felt Monson & Culichia LLC, James G. Felt, and James W. Culichia, Intervenors-Appellants.

Supreme Court of Colorado, En Banc.

July 1, 2013.


Attorney(s) appearing for the Case

Attorneys for Intervenors-Appellants: Kennedy Childs P.C., Ronald Nemirow , Christopher P. Brown , Denver, Colorado


Justice EID delivered the Opinion of the Court.

¶ 1 Cherokee Metropolitan District ("Cherokee"), a government body responsible for providing water to its landowners and residents, is participating in the underlying litigation in order to minimize loss of its water rights in some of its wells. In a separate legal malpractice action, Cherokee sued its former attorneys James Felt and James Culichia, and their firm Felt...

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