McNickols v. Elk Dance Colorado, LLC

INTRODUCTION

In this case, Appellants, Joyce C. McNi-chols, Kenneth J. McNichols, Marguerite Sergent, Joseph Sergent, and Gerald Lewis, appeal two orders of Division No. 5 Water Court that dismissed their petitions to set aside decrees entered in Water Court cases 00CW99 and 00CW302. These decrees granted Elk Dance Colorado’s (Elk Dance) applications to change features of the augmentation plan originally decreed in Water Court Case No. 80CW504 (Original Decree), *662to change the method of waste water treatment, and to change the point of diversion and relocate a well. Appellants argue that the…