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SPRING CREEK RANCHERS ASS'N v. MCNICHOLS

No. 05SA326.

165 P.3d 244 (2007)

SPRING CREEK RANCHERS ASSOCIATION, INC., Applicant-Appellee v. Joyce C. McNICHOLS, Kenneth J. McNichols, and Gerald Lewis, Opposers-Appellants and Alan Martellaro, Division Engineer for Water Division 5; Harold Simpson, Colorado State Engineer; Shadow Creek Owners' Association; Galloway, Inc.; and Halena Lewis, Opposers.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 27, 2007.

Attorney(s) appearing for the Case

Caloia, Houpt & Hamilton, P.C., Jefferson V. Houpt, Robert C. Gavrell, Glenwood Springs, Colorado, Attorneys for Applicant-Appellee Spring Creek Ranchers' Association, Inc.

Alison Maynard Denver, Colorado, Attorney for Opposers-Appellants Joyce C. McNichols, Kenneth J. McNichols, and Gerald Lewis.

No appearance by or on behalf of Opposers: Alan Martellaro, Division Engineer for Water Division 5; Harold Simpson, Colorado State Engineer; Shadow Creek Owners' Association; Galloway, Inc.; and Halena Lewis.

PER CURIAM.

This is an appeal from an order of the District Court, Water Division 5 ("water court") awarding attorney fees to the appellee under section 13-17-102, C.R.S. (2006), and allowing the recusal of Judge Petre from this case. Because the evidence in the record is sufficient to support the water court's findings, we affirm the water court's order.

I. Facts and Procedural History

The appellants (the...

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