Opinion
Case No. 02SA224 — Case No. 02SA226.
May 19, 2003.
Affrimed by Operation of Law.
Ken Salazar, Attorney General Susan S. Schneider, Assistant Attorney General Natural Resources and Environment Section Denver, Colorado Attorneys for The State Engineer; Division Engineer for Water Division 5; and The Colorado Water Conservation Board
Trout, Witwer Freeman, P.C. Robert V. Trout Douglas M. Sinor Denver, Colorado Attorneys for Northern Colorado Water Conservancy District and Municipal Subdistrict, Northern Colorado Water Conservancy District
Porzak Browning Bushong LLP Glenn E. Porzak Steven J. Bushong, Boulder, Colorado, Attorneys for Applicant-Appellee
Trout Unlimited Andrew Peternell Boulder, Colorado Attorneys for Opposer-Appellee Trout Unlimited
CHIEF JUSTICE MULLARKEY, JUSTICE MARTINEZ, and JUSTICE BENDER are of the opinion that the judgments of District Court, Water Division 5 should be affirmed, whereas JUSTICE KOURLIS, JUSTICE RICE and JUSTICE COATS are of the opinion that they should be reversed.
Since the court is equally divided, the judgments of District Court, Water Division 5 are affirmed by operation of law. C.A.R. 35(e).
JUSTICE HOBBS does not participate.