CITY AND COUNTY OF DENVER v. COLORADO RIVER

No. 82SA259.

696 P.2d 730 (1985)

In the Matter of the Adjudication of Priorities to the Right to the Use of Water For All Beneficial Purposes in Water District No. 36, Irrigation Division No. 5, State of Colorado. In the Matter of the Adjudication of Priorities to the Right to the Use of Water For All Beneficial Purposes in Water District No. 37, Irrigation Division No. 5, State of Colorado. In the Matter of the Adjudication of Priorities to the Right to the Use of Water For All Beneficial Purposes In Water District No. 52, Irrigation Division No. 5, State of Colorado. CITY AND COUNTY OF DENVER, acting By and Through its BOARD OF WATER COMMISSIONERS, Appellant, v. COLORADO RIVER WATER CONSERVATION DISTRICT, United States of America, Northern Colorado Water Conservancy District, Municipal Subdistrict Northern Colorado Water Conservancy District, City of Colorado Springs, City of Aurora, and Central Colorado Water Conservancy District, Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 11, 1985.


Attorney(s) appearing for the Case

Wayne D. Williams, Michael L. Walker, Henry C. Teigen, Anne R. McGee, Casey S. Funk, Saunders, Snyder, Ross & Dickson, P.C., Glenn G. Saunders, Jack F. Ross, Denver, for appellant.

Donald H. Hamburg, Leavenworth, Patrick & Lochhead, P.C., Loyal E. Leavenworth, Kevin L. Patrick, James L. Lochhead, Peter A. Milwid, Glenwood Springs, for appellee Colorado River Water Conservation Dist.

Davis, Graham & Stubbs, John M. Sayre, Robert V. Trout, Denver, for appellees Northern Colorado Water Conservancy Dist. and Municipal Subdistrict Northern Colorado Water Conservancy Dist.

Broadhurst & Petrock, Kenneth L. Broadhurst, J.J. Petrock, Frederick A. Fendel, III, Denver, for appellee City of Aurora and for amici curiae Bear Creek Water and Sanitation Dist., Bennett Bear Creek Farm Water & Sanitation Dist., Board of County Commissioners of Adams County, Castlewood Water Dist., Cherryridge Water & Sanitation Dist., City of Lafayette, City of Littleton, City of Thornton, Consolidated Mutual Water Co., Dolly-O-Denver Water & Sanitation Dist., East Cherry Creek Valley Water & Sanitation Dist., Grant Water & Sanitation Dist., Green Mountain Park Water & Sanitation Dist., Greenwood Plaza Water Dist., Havana Water & Sanitation Dist., Inverness Water & Sanitation Dist., Lakehurst Water & Sanitation Dist., Meadowbrook Water Dist., North Side Water & Sanitation Dist., North Washington Street Water & Sanitation Dist., Platte Canyon Water & Sanitation Dist., Pleasant View Water & Sanitation Dist., Southwest Metropolitan Water & Sanitation Dist., Southwest Water & Sanitation Dist., Willowbrook Water & Sanitation Dist., and Willows Water Dist.

Baker & Cazier, Stanley W. Cazier, Granby, for amicus curiae Middle Park Water Conservancy Dist.

Gerald E. Dahl, Frisco, for amicus curiae Northwest Colorado Council of Governments.

Calkins, Kramer, Grimshaw & Harring, James S. Bailey, Jr., Wayne B. Schroeder, David C. Hallford, Betty J. Bona, Denver, for amicus curiae Vail Valley Consolidated Water Dist.

No appearance for appellee United States of America.


LOHR, Justice.

The City and County of Denver, acting by and through its Board of Water Commissioners (Denver), appeals from a judgment of the water judge for Water Division 5 denying Denver's claims for certain conditional water rights. In resolving this appeal, we: (1) reverse the trial court's ruling that Denver lacked authority to make the claimed appropriations of water for use outside its boundaries, (2) reverse in part that court's determination that Denver...

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