BENNETT BEAR CREEK WATER DIST. v. DENVER

No. 95SC375.

928 P.2d 1254 (1996)

BENNETT BEAR CREEK FARM WATER AND SANITATION DISTRICT; Meadowbrook Water District; Willowbrook Water and Sanitation District; Cherry Creek Valley Water and Sanitation District; Cherry Moor Water District; Cherryridge Water and Sanitation District; Devonshire Heights Water and Sanitation District; Lakehurst Water and Sanitation District; City of Littleton; North Pecos Water and Sanitation District; Platte Canyon Water and Sanitation District; and Southwest Metropolitan Water and Sanitation District, Petitioners/Cross-Respondents, v. CITY AND COUNTY OF DENVER, a Municipal Corporation, Acting By and Through its BOARD OF WATER COMMISSIONERS, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 13, 1997.


Attorney(s) appearing for the Case

Grimshaw & Harring, P.C., Richard L. Harring, Denver, for Petitioners/Cross-Respondents Bennett Bear Creek Water and Sanitation District; Meadowbrook Water District; and Willowbrook Water and Sanitation District.

Timothy C. Terrill, Janesville, WI, for Petitioners/Cross-Respondents Cherry Creek Valley Water and Sanitation District; Cherry Moor Water District; Cherryridge Water and Sanitation District; Devonshire Heights Water and Sanitation District; Lakehurst Water and Sanitation District; City of Littleton; North Pecos Water and Sanitation District; Platte Canyon Water and Sanitation District; and Southwest Metropolitan Water and Sanitation District.

Parcel, Mauro, Hultin & Spaanstra, P.C., Peggy E. Montaño, Denver, David E. Bellack, Basalt, Colorado Board of Water Commissioners Legal Department, Patricia L. Wells, Michael L. Walker, Denver, for Respondent/Cross-Petitioner City and County of Denver.

James G. Colvin, II, City Attorney, Gregory L. Johnson, Assistant City Attorney— Utilities Patricia K. Kelly, Senior Litigation Attorney, Colorado Springs, for Amicus Curiae City of Colorado Springs.

Joseph N. de Raismes, III, City Attorney, Boulder, for Amicus Curiae City of Boulder.


Justice HOBBS delivered the Opinion of the Court.

We granted certiorari to review three questions1 regarding the court of appeals decision in Bennett Bear Creek Farm Water & Sanitation District v. City & County of Denver, 907 P.2d 648 (Colo.App.1995). This appeal was brought by municipal and quasi-municipal local governments2 of the State of Colorado (Districts...

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