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CHEROKEE METROPOLITAN v. MERIDIAN SERVICE

Nos. 10SA379, 11SA197.

266 P.3d 401 (2011)

Concerning the Application for Water Rights of CHEROKEE METROPOLITAN DISTRICT in El Paso County, Colorado, Cherokee Metropolitan District, Applicant-Appellee, and Upper Black Squirrel Creek Ground Water Management District and Drieeenheid Kapitaal Vof, Opposers-Appellees, v. MERIDIAN SERVICE METROPOLITAN DISTRICT, Intervenor-Appellant. and Steven J. Witte, Division Engineer, Water Division No. 2 and Dick Wolfe, State Engineer, Appellees Pursuant to C.A.R. 1(e). Concerning the Application for Water Rights of Cherokee Metropolitan District in El Paso County, Colorado. Cherokee Metropolitan District, Applicant-Appellant, v. Meridian Service Metropolitan District, Opposer-Appellee/Cross-Appellant, and Upper Black Squirrel Creek Ground Water Management District and Drieeenheid Kapitaal Vof, Opposers-Appellees, and Steven J. Witte, Division Engineer, Water Division No. 2 and Dick Wolfe, State Engineer, Appellees Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

December 12, 2011.

Attorney(s) appearing for the Case

Jackson Kelly PLLC, Martha P. Whitmore, Denver, Colorado, Law Office of Kevin Donovan, LLC, Kevin F. Donovan, Colorado Springs, Colorado, Attorneys for Cherokee Metropolitan District.

Trout, Raley, Montaño, Witwer & Freeman, P.C., Lisa M. Thompson, Peter D. Nichols, Robert V. Trout, Denver, Colorado, Attorneys for Upper Black Squirrel Creek Ground Water Management District.

W.B. Schroeder Law Office, LLC, Wayne B. Schroeder, Boulder, Colorado, Attorneys for Meridian Service Metropolitan District.

No briefs filed on behalf of Drieeenheid Kapitaal Vof, Steven J. Witte, Division Engineer, Water Division No. 2 and Dick Wolfe, State Engineer.

Justice MÁRQUEZ delivered the Opinion of the Court.

In this joint opinion, we address two direct appeals from the same water court proceedings (Case No. 98CW80). First, we review the water court's denial of Meridian Service Metropolitan District's ("Meridian") motion to intervene in a declaratory judgment action between Cherokee Metropolitan District ("Cherokee") and Upper Black Squirrel Creek Ground Water Management District ("UBS") (Case No. 10SA379). Second...

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