Concerning the Application for Water Rights of Yellow Jacket Water Conservancy District in Rio Blanco County
YELLOW JACKET WATER CONSERVANCY DISTRICT, Applicant-Appellant,
v.
Joseph E. LIVINGSTON; Barbara J. Livingston; John D. Livingston Trust; Joan P. Livingston; Virginia L. Bean; Ted Edmonds Revocable Trust; Ruth Longwell Edmonds Revocable Trust; C Lazy S Ranch, Inc.; David Y. Cogswell; Fawn Creek Ranch Company; Colorado Division of Wildlife and the Wildlife Commission; Elk Creek Ranch Development, Inc.; Elk Creek Ranch Owner's Association; K/K Ranch, LLC; Sleepy Cat Ranch, LLC; Western Resource Advocates; Colorado Cattlemen's Agricultural Land Trust; Erin Light, in her official capacity as Division Engineer for Water Division 6; and Dick Wolfe, in his official capacity as State Engineer, Opposers-Appellees.
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Attorneys for Objectors-Appellees Joseph E. Livingston; Barbara J. Livingston; John D. Livingston Trust; Joan P. Livingston; Ted Edmonds Revocable Trust; and Ruth Longwell Edmonds Revocable Trust: Karp Neu Hanlon, P.C., Michael J. Sawyer , Jeffrey J. Conklin , Glenwood Springs, Colorado.
Attorneys for Objectors-Appellees Elk Creek Ranch Owners' Association, Elk Creek Ranch Development, Inc., and K/K Ranch, LLC: Porzak Browning & Bushong, LLP, Glenn E. Porzak , Karen L. Henderson , Boulder, Colorado.
Attorney for Amicus Curiae Upper Arkansas Water Conservancy District: MacDougall & Woldridge, P.C., Julianne M. Woldridge , Colorado Springs, Colorado.
No Appearance by or behalf of: Virginia L. Bean ; C Lazy S Ranch, Inc.; David Y. Cogswell ; Fawn Creek Ranch Company; Colorado Division of Wildlife; Wildlife Commission; Erin C.H. Light , in her official capacity as Division Engineer for Water Division 6; and Dick Wolfe, in his official capacity as State Engineer.
En Banc
Supreme Court of Colorado.
JUSTICE BOATRIGHT delivered the Opinion of the Court.
¶ 1 In this opinion, we review the water court's determination that holdover directors of a water conservancy district board may not continue to act on behalf of the district one year after the expiration of their term. We hold that the holdover provision in the Water Conservancy Act ("WCA"), section 37-45-114(1)(b), C.R.S. (2013), allows for a holdover director to continue to serve as a de jure officer and...
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