The NORTH STERLING IRRIGATION DISTRICT, Plaintiff-Appellant
City of Boulder; Centennial Water & Sanitation District; and Pawnee Wells Users, Inc.; Intervenors-Appellants
v.
Harold D. SIMPSON, P.E., in his capacity as the Colorado State Engineer and James R. Hall, P.E., in his capacity as the Division Engineer in and for Water Division 1, Defendants-Appellees.
The City of Westminster; Irrigationists' Association Water District 1; The Northern Colorado Water Conservancy District; Bijou Irrigation Company; Bijou Irrigation District; Central Colorado Water Conservancy District; Groundwater Management Subdistrict of the Central Colorado Water Conservancy District; The Well Augmentation Subdistrict of the Central Colorado Water Conservancy District; The Lower South Platte Water Conservancy District; The Cache La Poudre Irrigating Company; The Cache La Poudre Reservoir Company; Western Mutual Ditch Company; Farmer's Independent Ditch Company; Campbell Development, Inc.; Fox Acres Community Services Corporation; The City of Aurora; Riverside Irrigation District; Riverside Reservoir and Land Company; Fort Morgan Reservoir & Irrigation Company; and The Jackson Lake Reservoir & Irrigation Company, Intervenors-Appellees.
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
March 2, 2009.
March 2, 2009.
Attorney(s) appearing for the Case
Buchanan and Sperling, P.C., Timothy R. Buchanan, Veronica A. Sperling, Arvada, Colorado, Attorneys for The North Sterling Irrigation District, City of Boulder, Centennial Water and Sanitation District, and Pawnee Well Users, Inc.
John W. Suthers, Attorney General, Devin R. Odell, Assistant Attorney General Denver, Colorado, Attorneys for the State and Division Engineers of Colorado.
Brownstein, Hyatt, Farber, & Schrek, L.L.P., Steven O. Sims, Molly K. Strablizky, Denver, Colorado, Attorneys for Intervenor-Appellee City of Aurora.
Hill & Robbins, P.C., Mark J. Wagner, Denver, Colorado, Attorneys for Intervenors-Appellees Riverside Irrigation District and Riverside Reservoir and Land Company.
Vranesh & Raisch, L.L.P., Michael D. Shimmin, Stuart B. Corbridge, Boulder, Colorado, Attorneys for Intervenors-Appellees Bijou Irrigation Company and Bijou Irrigation District.
Alperstein & Covell, P.C., Cynthia F. Covell, Andrea L. Benson, Denver, Colorado, Attorneys for Intervenor-Appellees Fort Morgan Reservoir & Irrigation Company and Jackson Lake Reservoir & Irrigation Company.
Lind Lawrence & Ottenhoff, L.L.P., Kim R. Lawrence, Bradley C. Grasmick, Windsor, Colorado, Attorneys for Intervenors-Appellees Central Colorado Water Conservancy District & its Groundwater Management & Well Augmentation Subdistricts, Western Mutual Ditch Company and Farmers Independent Ditch Company.
Trout Raley Montano Witwer & Freeman, P.C., Robert V. Trout, Douglas M. Sinor, Gabriel Racz, Denver, Colorado, Attorneys for Intervenor-Appellee Northern Colorado Water Conservancy District.
Supreme Court of Colorado, En Banc.
Justice RICE delivered the Opinion of the Court.
The North Sterling Irrigation District ("NSID") owns storage water rights in the North Sterling Reservoir on the South Platte River. At issue is whether the State and Division Engineers for Water Division No. 1 (the "Engineers") may impose on NSID a fixed water year, from November 1 to October 31, for purposes of administering the one-fill rule. We hold that, because NSID's storage decrees are silent on the issue of...
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