IN RE WATER RIGHTS OF CENTRAL COLO. WATER CONSERVANCY DIST.

Nos. 05SA120, 05SA121.

147 P.3d 9 (2006)

Concerning the Application for WATER RIGHTS OF CENTRAL COLORADO WATER CONSERVANCY DISTRICT and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District in Weld County. Central Colorado Water Conservancy District and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, Applicants-Appellants/Cross-Appellees, and Cache La Poudre Water Users Association, Opposer/Appellant, v. City of Greeley acting by and through its Water and Sewer Board, Greeley Irrigation Company, Irrigationists Association, and City of Thornton, Opposers/Appellees, and City of Boulder and Centennial Water and Sanitation District, Opposers/Appellees/Cross-Appellants, and James Hall, Division Engineer, Water Division 1, Appellee. Concerning the Application for Water Rights of Central Colorado Water Conservancy District and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District in Weld County. Central Colorado Water Conservancy District and Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, Applicants/Appellants/Cross-Appellees, and Cache La Poudre Water Users Association, Opposer/Appellant, v. City of Greeley acting by and through its Water and Sewer Board, Greeley Irrigation Company, City of Thornton, Aggregate Industries-WCR, Inc., Opposers/Appellees, and City of Boulder, Centennial Water and Sanitation District, and The Harmony Ditch Company, Opposers/Appellees/Cross-Appellants, and James Hall, Division Engineer, Water Division 1, Appellee pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

November 6, 2006.


Attorney(s) appearing for the Case

Lind, Lawrence & Ottenhoff, LLP, Kim R. Lawrence, P. Andrew Jones, Bradley C. Grasmick, David P. Jones, Greeley, Colorado, Attorneys for Applicants-Appellants-Cross-Appellees.

Fischer, Brown & Gunn, P.C., Daniel K. Brown, William H. Brown, William R. Fischer, Brent A. Bartlett, Fort Collins, Colorado, Attorneys for Opposer-Appellant Cache La Poudre Water Users Association.

Trout, Raley, Montaño, Witwer & Freeman, P.C., James S. Witwer, Lisa M. Thompson, Denver, Colorado, Attorneys for Opposer-Appellee City of Greeley, acting by and through its Water and Sewer Board.

Dietze & Davis, P.C., Star L. Waring, Boulder, Colorado, Attorney for Opposer-Appellee Greeley Irrigation Company.

Moses, Wittemyer, Harrison & Woodruff, P.C., Veronica A. Sperling, Brian A. Knutsen, Boulder, Colorado, Attorneys for Opposers-Appellees-Cross-Appellants City of Boulder and Centennial Water and Sanitation District.

Timothy R. Buchanan P.C., Timothy R. Buchanan, Kara Godbehere Goodwin Arvada, Colorado, Attorneys for Opposer-Appellee-Cross-Appellant The Harmony Ditch Company.

Fowler, Schimberg & Flanagan, P.C., Timothy J. Flanagan, Denver, Colorado, Attorneys for Opposer-Appellee Aggregate Industries-WCR, Inc.

No appearance by or on behalf of Opposer-Appellee City of Thornton, Opposer-Appellee Irrigationists Association, Water District 1, or Appellee James Hall.


Justice EID delivered the Opinion of the Court.

In this appeal we consider the extent of a water right held by the Central Colorado Water Conservancy District and its Ground Water Management Subdistrict ("Central"). Central filed two applications in the District Court for Water Division No. 1 seeking to change the use of a portion of its water right, which it holds by virtue of its ownership of 77 shares of stock in the William R. Jones Ditch Company. In order to...

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