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EAST CHERRY CREEK v. RANGEVIEW METRO. DIST.

No. 04SA6.

109 P.3d 154 (2005)

Opposer-Appellant: EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT, v. Applicants-Appellees: RANGEVIEW METROPOLITAN DISTRICT and the State of Colorado, acting by and through its State Land Board, and Opposers-Appellees: Jim Hall, Acting Division Engineer, Water Division No. 1; and Hal D. Simpson, State Engineer.

Supreme Court of Colorado.

March 28, 2005.

Attorney(s) appearing for the Case

Friedlob Sanderson Paulson & Tourtillott, LLC, William B. Tourtillott, Brian M. Nazarenus, Roger T. Williams, Denver, for Opposer-Appellant.

Petrock & Fendel, P.C., Frederick A. Fendel, III, Carmen S. Hall, Denver, for Rangeview Metropolitan District.

John W. Suthers, Attorney General, Lusanna J. Ro, Assistant Attorney General, Resource Conservation Unit, Natural Resources and Environment, Denver, for State Board of Land Commissioners.

Harvey W. Curtis, David L. Kueter, Sheela Parameswar, Denver, for Amicus Curiae Denver Wells, LLC.

COATS, Justice.

East Cherry Creek appealed directly to this court from an order of the water court, construing and modifying a 1985 decree that adjudicated use rights to nontributary Arapahoe aquifer ground water. In its current order, the water court authorized Rangeview, the state's lessee, to construct additional wells as necessary to withdraw the state's full, decreed entitlement, and it removed the volumetric limits of the original decree on individual wells...

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