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READY MIXED CON. CO. v. FARM. RES. AND IRR. CO.

No. 04SA285.

115 P.3d 638 (2005)

In the Matter of the Application for Water Rights, Applicant-Appellant: READY MIXED CONCRETE COMPANY IN ADAMS COUNTY, v. Objectors-Appellees: FARMERS RESERVOIR AND IRRIGATION COMPANY, State and Division Engineer, City of Thornton, the Irrigationists Association, Central Colorado Water Conservancy District, the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, and Denver Water Department.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 18, 2005.

Attorney(s) appearing for the Case

Fowler, Schimberg & Flanagan, P.C., Timothy J. Flanagan, Denver, for Applicant-Appellant.

John P. Akolt, III, Brighton, for Objector-Appellee Farmers Reservoir and Irrigation Company.

John W. Suthers, Attorney General, Susan Schneider, Assistant Attorney General, Natural Resources Section, Denver, for State Engineer & Division Engineer for Water Division 1.

Margaret A. Emerich, City Attorney, City of Thornton, Dennis A. Hanson, Assistant City Attorney, Thornton, for Objector-Appellee City of Thornton.

Carlson, Hammond & Paddock, L.L.C., Mary Mead Hammond, Amy N. Huff, Denver, for Objector-Appellee Irrigationists Association.

Lind, Lawrence & Ottenhoff, Kelly J. Custer, Greeley, for Objectors-Appellees Central Colorado Water Conservancy District and the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District.

Michael L. Walker, Denver, for Objector-Appellee Denver Water Department.

HOBBS, Justice.

This appeal is from a judgment of the District Court for Water Division No. 1 denying the application of Ready Mixed Concrete Company under section 37-92-302(1)(a), C.R.S. (2004), to quantify and change the McCanne Ditch water right for use by augmentation. By a motion for summary judgment, which the water court denied, Ready Mixed Concrete claimed entitlement under a 1918 decree to 900 acre-feet of fully consumable "developed water" for its use. The...

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