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CITY OF AURORA v. ACJ PARTNERSHIP

No. 08SA222.

209 P.3d 1076 (2009)

Concerning the Application for Water Rights of the City of Aurora, Colorado, acting by and through its utility enterprise in Adams, Arapahoe, Douglas and Weld Counties. The CITY OF AURORA, acting by and through its utility enterprise, Applicant-Appellant v. ACJ PARTNERSHIP; Apex Material Specialists LLC; Bijou Irrigation Company; Bijou Irrigation District; Brighton Ditch Company; Centennial Water and Sanitation District; City of Brighton; City of Thornton; City and County of Denver; East Cherry Creek Valley Water and Sanitation District; Eastern Hills LLC; Eastside Auto Investment Co., LLLP; Farmers Reservoir and Irrigation Company; Henrylyn Irrigation District; New Brantner Extension Ditch Company; Northern Colorado Water Conservancy District; Public Service Company of Colorado; Rangeview Metropolitan District; South Adams County Water and Sanitation; State Board of Land Commissioners; and Stephen Tebo, Opposers-Appellees and Division Engineer for Water Division 1, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

June 1, 2009.

Attorney(s) appearing for the Case

Brownstein Hyatt Farber Schreck, LLP, Steven O. Sims, Adam T. DeVoe, John A. Helfrich, Denver, Colorado, Attorneys for Applicant-Appellant.

Petrock & Fendel, P.C., Frederick A. Fendel, III, Matthew S. Poznanovic, Denver, Colorado, Attorneys for Opposer-Appellee Rangeview Metropolitan District.

No Appearance by or on behalf of ACJ Partnership; Apex Material Specialists LLC; Bijou Irrigation Company; Bijou Irrigation District; Brighton Ditch Company; Centennial Water and Sanitation District; City of Brighton; City of Thornton; City and County of Denver; East Cherry Creek Valley Water and Sanitation District; Eastern Hills LLC; Eastside Auto Investment Co., LLLP; Farmers Reservoir and Irrigation Company; Henrylyn Irrigation District; New Brantner Extension Ditch Company; Northern Colorado Water Conservancy District; Public Service Company of Colorado; South Adams County Water and Sanitation; State Board of Land Commissioners; Stephen Tebo; and Division Engineer for Water Division 1.

Justice BENDER delivered the Opinion of the Court.

Introduction

This appeal concerns a water court application in which the Appellant, the City of Aurora ("Aurora"), sought conditional water storage rights. Aurora appeals from the water court's order granting partial summary judgment in favor of Opposer-Appellee Rangeview Metropolitan District ("Rangeview"), and dismissing that part of Aurora's application claiming conditional water storage rights in three...

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