Concerning the Application for Water Rights of Farmers Reservoir and Irrigation Company; Burlington Ditch, Reservoir and Land Company; Henrylyn Irrigation District; United Water and Sanitation District; and East Cherry Creek Valley Water and Sanitation District in Adams, Arapahoe, Denver, Douglas, Elbert, Jefferson, and Weld Counties.
CITY OF ENGLEWOOD, Opposer-Appellant,
v.
BURLINGTON DITCH, RESERVOIR AND LAND CO.; Farmers Reservoir and Irrigation Co.; United Water and Sanitation District; Henrylyn Irrigation District; and East Cherry Creek Valley Water and Sanitation District, Applicants-Appellees; and
Metro Wastewater Reclamation District; Public Service Company of Colorado; Town of Lochbuie; Platte Valley Irrigation Co.; City of Aurora; Golf Course Heritage Todd Creek; Todd Creek Farms Metro District; Centennial Water and Sanitation District; City of Boulder; Harmony Ditch Company; Irrigationists' Association; City of Thornton; State Board of Land Commissioners; Colorado Division of Wildlife; City of Blackhawk; City and County of Broomfield; City and County of Denver Water Board; City of Brighton; Lower Latham Reservoir Company; Aggregate Industries-WCR, Inc.; Albert Frei and Sons, Inc.; Henderson Aggregate Ltd; HP Farms, Inc.; PV Water Holdings, LLC; Adams County Board of Commissioners; Riverside Irrigation District; Riverside Land Co.; Brighton Ditch Company; Parker Water and Sanitation District; Platte Valley Irrigating and Milling Co.; Central Colorado Water Conservancy District; South Adams County Water and Sanitation District; Rangeview Metropolitan District; Equus Farms Inc.; State Water Engineer; Fulton Irrigation Ditch Co.; City of Greeley; Northern Colorado Water Conservancy District; Bijou Irrigation Company; Bijou Irrigation District; City of Commerce City; David Dechant; Consolidated Ditches Company of District No. 2; City of Sterling; and Arapahoe County Water and Wastewater, Opposers-Appellees;
James Hall, Division Engineer for Water Division No. 1., Appellee Pursuant to C.A.R. 1(e).
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
June 21, 2010.
June 21, 2010.
Attorney(s) appearing for the Case
Berg Hill Greenleaf & Ruscitti LLP, David G. Hill, Jon N. Banashek, Heidi C. Potter, Boulder, Colorado, Attorneys for Opposer-Appellant City of Englewood.
Denver Water Board, Patricia L. Wells, Casey S. Funk, Daniel J. Arnold, Michael Walker, Denver, Colorado, Attorneys for Opposer-Appellee City and County of Denver acting by and through its Board of Water Commissioners.
Akolt & Akolt, LLC, John P. Akolt, III, Brighton, Colorado, Attorneys for Applicant-Appellee, the Farmers Reservoir and Irrigation Company, and the Burlington Ditch, Reservoir and Land Company.
Steven L. Janssen, Boulder, Colorado, Attorney for Applicant-Appellee, the Henrylyn Irrigation District.
Balcomb & Green, P.C., David C. Hallford, Sara M. Dunn, Scott A. Grosscup, Glenwood Springs, Colorado, Attorneys for Opposer-Appellee Public Service Company of Colorado d/b/a Xcel Engergy, Inc.
No appearance by or on behalf of: United Water and Sanitation District; East Cherry Creek Valley Water and Sanitation District; Metro Wastewater Reclamation District; Public Service Company of Colorado; Town of Lochbuie; Platte Valley Irrigation Co.; City of Aurora; Golf Course Heritage Todd Creek; Todd Creek Farms Metro District; Centennial Water and Sanitation District; City of Boulder; Harmony Ditch Company; Irrigationists' Association; City of Thornton; State Board of Land Commissioners; Colorado Division of Wildlife; City of Blackhawk; City and County of Broomfield; City of Brighton; Lower Latham Reservoir Company; Aggregate Industries-WCR, Inc.; Albert Frei and Sons, Inc.; Henderson Aggregate Ltd; HP Farms, Inc.; PV Water Holdings, LLC; Adams County Board of Commissioners; Riverside Irrigation District; Riverside Land Co.; Brighton Ditch Company; Parker Water and Sanitation District; Platte Valley Irrigating and Milling Co.; Central Colorado Water Conservancy District; South Adams County Water and Sanitation District; Rangeview Metropolitan District; Equus Farms Inc.; State Water Engineer; Fulton Irrigation Ditch Co.; City of Greeley; Northern Colorado Water Conservancy District; Bijou Irrigation Company; Bijou Irrigation District; City of Commerce City; David Dechant; Consolidated Ditches Company of District No. 2; City of Sterling; Arapahoe County Water and Wastewater; James Hall, Division Engineer for Water Division No. 1.
Supreme Court of Colorado, En Banc.
Justice EID delivered the Opinion of the Court.
This appeal involves a portion of a much larger case decided in the water court, Division 1, Case No. 02CW403. Opposer-Appellant City of Englewood argues that this court should reverse findings by the water court concerning a settlement agreement between various parties and the City and County of Denver. Englewood claims that the water court erred in interpreting the settlement agreement to be a valid no-call agreement...
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