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SO. UTE INDIAN TRIBE v. KING CONSOL. DITCH

No. 09SA374.

250 P.3d 1226 (2011)

In the matter of the Application for Water Rights Of the King Consolidated Ditch Company, Morrison Consolidated Ditch Company, Los Pinos Ditch Company, Thompson-Epperson Ditch Company, Pine River Canal, Sullivan Ditch Company, Bear Creek and Pine River Ditch (Remmow Land Co., LP; Robert Williams d/b/a Williams Ranch; Jarrett F. Cook; and Robert S. Dulin and Susan W. Dulin), and Spring Creek Ditch Company in the Pine River Drainage in La Plata County. The SOUTHERN UTE INDIAN TRIBE, Appellant v. KING CONSOLIDATED DITCH COMPANY; Morrison Consolidated Ditch Company; Los Pinos Ditch Company; Thompson-Epperson Ditch Company; Pine River Canal; Sullivan Ditch Company; Bear Creek and Pine River Ditch (Remmow Land Co., LP; Robert Williams d/b/a Williams Ranch; Jarrett F. Cook; and Robert S. Dulin and Susan W. Dulin); and Spring Creek Ditch Company, Appellees.

Supreme Court of Colorado, En Banc.

March 14, 2011.

Attorney(s) appearing for the Case

Maynes Bradford Shipps & Sheftel, LLP, Janice Sheftel , Katherine A. Burke , Adam T. Reeves , Durango, Colorado, Attorneys for Appellant.

Miller, Agro, & Robbins, L.L.C., Nancy Agro , Durango, Colorado, The Craig Law Firm P.C., Geoffrey M. Craig , Durango, Colorado, Attorneys for Appellees.

Justice HOBBS delivered the Opinion of the Court.

In this appeal from a judgment of the District Court for Water Division No. 7, the Southern Ute Tribe ("the Tribe") seeks to set aside the judgment on three grounds: (1) this case involves a declaratory judgment action requiring personal service on the Tribe and other affected parties pursuant to C.R.C.P. 19 and 4, and publication of resume notice pursuant to section 37-92-302(3)(a), C.R.S. (2010) was insufficient...

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