CITY OF GOLDEN v. SIMPSON

No. 02SA364.

83 P.3d 87 (2004)

CITY OF GOLDEN, a Colorado municipal corporation, Plaintiff, v. Hal D. SIMPSON, in his official capacity as Colorado State Engineer, and Richard L. Stenzel, in his official capacity as Division Engineer for Water Division No. 1, and the Farmers High Line Canal and Reservoir Company, Defendant.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 2, 2004.


Attorney(s) appearing for the Case

Porzak Browning & Bushong LLP, Glenn E. Porzak, Steven J. Bushong, P. Fritz Holleman, Boulder, Colorado, Attorneys for Appellant.

Ken Salazar, Attorney General, Lori J. Coulter, Assistant Attorney General, Denver, Colorado, Attorneys for Appellee Hal D. Simpson.

The Law Offices of Brice Steele, P.C., Brice Steele, Brighton, Colorado, Carlson, Hammond & Paddock, L.L.C., Mary Mead Hammond, Lee H. Johnson, Karl D. Ohlsen, Denver, Colorado, Attorneys for Appellee Farmers High Line Canal and Reservoir Company.


Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In this water case, the State Water Engineer ordered the City of Golden to stop diverting water from Clear Creek at the Church Ditch during a river call in the drought year of 2002. Golden sought to prevent enforcement of the order by immediately moving for a temporary restraining order ("TRO"), a preliminary injunction, and a permanent injunction against the state. The state, in...

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