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[Download] "Water Rights Of Columbine Associates V. Columbine Associates" by Colorado Supreme Court * eBook PDF Kindle ePub Free

Water Rights Of Columbine Associates V. Columbine Associates

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eBook details

  • Title: Water Rights Of Columbine Associates V. Columbine Associates
  • Author : Colorado Supreme Court
  • Release Date : January 14, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 79 KB

Description

The Park County Water Preservation Coalition ("Park County Coalition") appeals a sexennial finding of reasonable diligence in the development of conditional water rights decreed by the District Court for Water Division 1 ("water court"). The water court ruled that the City of Aurora ("Aurora") demonstrated reasonable diligence in the development of the subject water rights. Aurora owns the conditional water rights at issue in this case and intends to perfect those rights at some point in the future by using the water for the Columbine Reservoir Storage Project. Park County Coalition claims that the water court lacked jurisdiction to grant the conditional water rights decree because the applicant had no intent to divert water and had not made an appropriation of the water rights as defined by section 37-92-103(3), 10 C.R.S. (1999). Park County Coalition also asserts that the water court did not have jurisdiction to support its decree because the resume notice was inadequate as a matter of law.*fn1 We conclude that subject-matter jurisdiction properly vested in the water court in accordance with the timely filing of the application and the publication of the resume notice. We further conclude that the water court was correct in ruling that the resume notice was sufficient to provide notice to potential objectors. In addition, we hold that Park County Coalition was precluded by the statute of limitations from protesting the 83CW360 application. Hence, we affirm the ruling of the water court and uphold its decree of conditional water rights in this case.


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