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WATER RIGHTS OF UPPER EAGLE REG. v. WOLFE

Supreme Court Case No. 15SA26.

371 P.3d 681 (2016)

2016 CO 42

Concerning the Application for Water Rights of the Upper Eagle Regional Water Authority in the Eagle River in Eagle County, Colorado. UPPER EAGLE REGIONAL WATER AUTHORITY, Applicant-Appellant, v. Dick WOLFE, State Engineer, and Alan Martellaro, Division 5 Engineer, Opposers-Appellees.

Supreme Court of Colorado.

May 31, 2016.

Attorney(s) appearing for the Case

Attorneys for Applicant-Appellant: Porzak Browning & Bushong LLP, Glenn E. Porzak , Kevin J. Kinnear , Boulder, Colorado.

Attorneys for Opposers-Appellees: Cynthia H. Coffman , Attorney General, Paul L. Benington , First Assistant Attorney General, Jeffrey N. Candrian , Assistant Attorney General, Derek L. Turner , Assistant Attorney General, Denver, Colorado.

En Banc.

¶ 1 On July 4, 2004, the Upper Eagle Regional Water Authority (the "Authority") diverted 0.716 cubic feet per second ("cfs") of water at the Edwards Drinking Water Facility on the Eagle River and delivered that water to the Cordillera area for beneficial use. On that date, there was a "free river...

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