FARMER'S RESERVOIR v. CONSOLIDATED MUTUAL

No. 00SA229.

33 P.3d 799 (2001)

FARMERS RESERVOIR AND IRRIGATION COMPANY; Farmers High Line Canal and Reservoir Company; and City of Westminster, Opposers/Appellants, v. CONSOLIDATED MUTUAL WATER COMPANY; Agricultural Ditch and Reservoir Company; and City of Golden, Applicant/Appellees.

Supreme Court of Colorado, En Banc.

A Modified on Denial of Rehearing November 13, 2001.


Attorney(s) appearing for the Case

John P. Akolt, Denver, CO, Attorney for Opposers/Appellant Farmers Reservoir and Irrigation Company.

Gaunt, Dirrim, Coover & Steele, P.C., Brice Steele, Brighton, CO, Attorney for Opposers/Appellant Farmers High Line Canal and Reservoir Company.

Carlson, Hammond & Paddock, L.L.C., Mary Mead Hammond, Lee H. Johnson, Denver, CO, Attorneys for Opposers/Appellant City of Westminster.

Benjamin L. Craig, Lakewood, CO, Attorney for Applicant/Appellee Consolidated Mutual Water Company.

Harvey W. Curtis & Associates, Harvey W. Curtis, Denver, CO, Attorney for Applicant/Appellee Consolidated Mutual Water Company.

Petrock & Fendel, P.C., Frederick A. Fendel, III, Denver, CO, Attorney for Objector/Appellee The Agricultural Ditch and Reservoir Company.

Porzak Browning & Bushong LLP, Glenn E. Porzak, Steven J. Bushong, Boulder, CO, Attorneys for Objector/Appellee City of Golden Office of the Attorney General.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan J. Gilbert, Solicitor General, Joseph C. Smith, Jr., Deputy Attorney General, Lee E. Miller, First Assistant Attorney General, Steven O. Sims, Assistant Attorney General, Natural Resources Section, Denver, CO, Attorneys for the Division Engineer for Water Division 1.


Justice HOBBS delivered the Opinion of the Court.

This appeal is from the order of the District Court for Water Division No. 1 (Water Court) denying the petition of Farmers Reservoir and Irrigation Company; Farmers High Line Canal and Reservoir Company; and the cities of Westminster, Arvada, and Thornton (Opposers) seeking to invoke the retained jurisdiction provision of a change of water rights decree or, in the alternative...

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