Concerning the Application of Busk-Ivanhoe, Inc., a Colorado corporation in Adams, Arapahoe, Chaffee, Douglas, Jefferson, Lake, Pitkin, and Weld Counties, Colorado,
GRAND VALLEY WATER USERS ASSOCIATION; Orchard Mesa Irrigation District; Ute Water Conservancy District acting by and through the Ute Water Activity Enterprise; Colorado River Water Conservation District; Basalt Water Conservancy District; Board of County Commissioners of Eagle County; Board of County Commissioners of Pitkin County; Dick Wolfe, P.E., State Engineer; David L. Nettles, P.E., Division Engineer for Water Division 1; Steve Witte, P.E., Division Engineer for Water Division 2; and Alan Martellaro, P.E., Division Engineer for Water Division 5, Opposers-Appellants, and
High Line Canal Company; Southeastern Colorado Water Conservancy District; and The City and County of Denver, acting by and through its Board of Water Commissioners, Opposers-Appellees, and
Board of Water Works of Pueblo, Colorado, and
Centennial Water and Sanitation District, Opposer, Opposer-Appellant/Opposer-Appellee,
v.
BUSK-IVANHOE, INC., a Colorado corporation, Applicant-Appellee.
Supreme Court of Colorado.https://leagle.com/images/logo.png
December 5, 2016.
Rehearing Denied January 9, 2017.
Attorney(s) appearing for the Case
Attorney for Opposers-Appellants Grand Valley Water Users Association, Orchard Mesa Irrigation District, and Ute Water Conservancy District acting by and through the Ute Water Activity Enterprise: Williams, Turner & Holmes, P.C., Kirsten M. Kurath , Mark A. Hermundstad , Grand Junction, Colorado.
Attorneys for Opposers-Appellants Colorado River Water Conservation District, Basalt Water Conservancy District, and Board of County Commissioners of Eagle County: Balcomb & Green, P.C., David C. Hanford , Christopher L. Geiger , Scott Grosscup , Glenwood Springs, Colorado.
Attorneys for Opposer-Appellant Board of County Commissioners of Pitkin County: Moses, Wittemyer, Harrison and Woodruff, P.C., Timothy J. Beaton , Jennifer M. DiLalla , Boulder, Colorado.
Attorneys for Opposers-Appellants Dick Wolfe, P.E., State Engineer, David L. Nettles, P.E., Division Engineer for Water Division 1, Steve Witte, P.E., Division Engineer for Water Division 2, and Alan Martellaro, P.E., Division Engineer for Water Division 5: Cynthia H. Coffman , Attorney General, Paul L. Benington , First Assistant Attorney General, Denver, Colorado.
Attorneys for Opposer-Appellee Southeastern Colorado Water Conservancy District: Burns, Figa & Will, P.C., Stephen H. Leonhardt , Sarah M. Shechter , Greenwood Village, Colorado.
Attorneys for Applicant-Appellee Busk-Ivanhoe, Inc.: Hamre, Rodriguez, Ostrander & Dingess, P.C., John M. Dingess , Austin Hamre, Denver, Colorado.
Attorneys for Amicus Curiae Cache La Poudre Water Users Association and for Amicus Curiae City of Northglenn: Fischer, Brown, Bartlett & Gunn, P.C., William R. Fischer, Donald E. Frick , Fort Collins , Colorado.
Attorneys for Amicus Curiae Board of County Commissioners for the County of Grand: White & Jankowski, LLP, David C. Taussig , Mitra M. Pemberton , Denver, Colorado.
Attorneys for Amicus Curiae The Consolidated Mutual Water Company: Collins Crockrel & Cole, P.C., Evan D. Ela , Joseph W. Norris , Denver, Colorado.
En Banc.
JUSTICEMÁRQUEZ delivered the Opinion of the Court.
¶ 1 This appeal from the water court in Water Division 2 challenges certain rulings relevant to the historic consumptive use quantification of transmountain water rights that are the subject of a change application.
¶ 2 The City of Aurora, Colorado ("Aurora"), is the sole...
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