CITY OF GRAND JUNCTION v. DENVER

No. 97SA93.

960 P.2d 675 (1998)

The CITY OF GRAND JUNCTION, Objector-Appellant, v. The CITY AND COUNTY OF DENVER, acting by and through its board of water commissioners, Applicant-Appellee. and Orlyn G. Bell, Division Engineer, Water Division 5, Appellee pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

Rehearing Denied July 15, 1998.

As Corrected September 18, 1998.


Attorney(s) appearing for the Case

Grimshaw & Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Denver, Daniel E. Wilson, City Attorney, City of Grand Junction, Grand Junction, for Objector-Appellant.

Patricia L. Wells, Michael L. Walker, Casey S. Funk, Amy M. Cavanaugh, Denver, for Applicant-Appellee.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Deputy Attorney General, Joseph C. Smith, Jr., Deputy Attorney General, Wendy C. Weiss, First Assistant Attorney General, Natural Resources Section, Denver, for State and Division Engineers.


Justice MARTINEZ delivered the Opinion of the Court.

The City of Grand Junction appeals a judgment and decree of the District Court, Water Division 5 (the "Water Court"), granting the City and County of Denver's application for refill rights with respect to Dillon Reservoir. Grand Junction contends that the Water Court lacked subject matter jurisdiction to adjudicate Denver's application because the application concerns matters over which the United States District...

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