COLORADO WATER CONSERVATION BOARD, Objector/Appellant/Cross-Appellee.
v.
CITY OF CENTRAL, Applicant/Appellee/Cross-Appellant, and
City and County of Denver, acting by and through its Board of Water Commissioners; City of Arvada; City of Black Hawk; City of Thornton; City of Westminster; City of Northglenn; Board of County Commissioners of Gilpin County; Lookout Mountain Water District; Missouri Lakes Recreation and Improvement Association, Inc.; Coors Brewing Company; Wannamaker Ditch Company; Consolidated Mutual Water Company; Agricultural Ditch and Reservoir Company and Golden Canal and Reservoir Company; Farmers Reservoir and Irrigation Company; and the State Engineer and Division Engineer for Water Division No. 1, Objectors/Appellees/Cross-Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
November 28, 2005.
November 28, 2005.
Attorney(s) appearing for the Case
John W. Suthers, Attorney General, John J. Cyran, Assistant Attorney General, Water Rights Unit, Natural Resources and Environment Section, Denver, for the Colorado Water Conservation Board.
Law Office of Stephen T. Williamson, Stephen T. Williamson, Matthew Machado, Louisville, for the City of Central.
John W. Suthers, Attorney General, Alexandra L. Davis, Assistant Attorney General, Water Rights Unit, Natural Resources and Environment Section, Denver, for the State and Division Engineers for Water Division 1.
Casey S. Funk, Patricia L. Wells, Michael L. Walker, Denver, for the City & County of Denver, acting by and through its Board of Water Commissioners.
Trout Unlimited, Andrew Peternell, Boulder, for Amicus Curiae Trout Unlimited.
Porzak, Browning & Bushong LLP, Glenn E. Porzak, Kevin J. Kinnear, Boulder, for Amici Curiae the City of Golden, the Upper Eagle Regional Water Authority, the Eagle River Water & Sanitation District, Wildcat Ranch Association, and the Eagle Park Reservoir Company.
Friedlob Sanderson Paulson & Tourtillott, LLC, Brian M. Nazarenus, Carolyn F. Burr, William H. Caile, Denver, for Amicus Curiae Public Service Company of Colorado, d/b/a/ Xcel Energy Corp.
Trout, Witwer & Freeman, P.C., Douglas M. Sinor, Lisa M. Thompson, Denver, for Amicus Curiae the Northern Colorado Water Conservancy District.
City of Boulder, Ariel Calonne, City Attorney, Sue Ellen Harrison, Assistant City Attorney, Boulder, for Amicus Curiae City of Boulder.
Gilbert Y. Marchand, Jr., P.C., Gilbert Y. Marchand, Jr., Boulder, for Amicus Curiae Centennial Water & Sanitation District.
Burns, Figa & Will, P.C., Lee E. Miller, Stephen H. Leonhardt, David M. Pittinos, Englewood, for Amici Curiae Southeastern Colorado Water Conservancy District.
Colorado River Water Conservation District, Peter C. Fleming, Glenwood Springs, for Amicus Curiae Colorado River Water Conservation District.
Balcomb & Green, P.C., David C. Hallford, Christopher L. Geiger, Glenwood Springs, for Amicus Curiae Basalt Water Conservancy District.
Leavenworth & Karp, P.C., Loyal E. Leavenworth, Glenwood Springs, for Amici Curiae Mid Valley Metropolitan District and Town of New Castle.
Hill, Kinney & Wood, LLC, Tom Kinney, Carbondale, for Amicus Curiae Town of Basalt.
Olszewski & Massih, P.C., Edward B. Olszewski, Glenwood Springs, for Amicus Curiae West Divide Water Conservancy District.
Lind, Lawrence & Ottenhoff LLP, Kim R. Lawrence, Kelly J. Custer, Greeley, for Amicus Curiae Central Colorado Water Conservancy District.
Law Office of Stephen T. Williamson, Stephen T. Williamson, Matthew Machado, Louisville, for Amicus Curiae the Arapahoe County Water and Wastewater Authority.
Supreme Court of Colorado, En Banc.
MARTINEZ, Justice.
In this water rights dispute, we consider whether, pursuant to section 37-92-305, C.R.S. (2005), a plan for augmentation must include terms and conditions to protect an instream flow right against injury caused by out-of-priority diversions, including diversions made from points associated with senior water rights.
Applicant-Appellee, the City of Central ("Central"), filed an application with the District Court, Water Division No. 1, for...
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