MERIDIAN v. COLORADO GROUND WATER

No. 09CA0131.

240 P.3d 382 (2009)

MERIDIAN RANCH METROPOLITAN DISTRICT, Meridian Service Metropolitan District, and Cherokee Metropolitan District, Plaintiffs-Appellants, v. COLORADO GROUND WATER COMMISSION and Upper Black Squirrel Creek Ground Water Management District, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

November 12, 2009.


Attorney(s) appearing for the Case

Grimshaw & Harring, P.C., Wayne B. Schroeder , Jamie N. Cotter , Denver, Colorado, for Plaintiffs-Appellants Meridian Ranch Metropolitan District and Meridian Service Metropolitan District.

Felt Monson & Culichia, L.L.C., James W. Culichia , David M. Shohet , Colorado Springs, Colorado, for Plaintiff-Appellant Cherokee Metropolitan District.

John W. Suthers , Attorney General, Patrick Kowaleski , Assistant Attorney General, Denver, Colorado, for Defendant-Appellee Colorado Ground Water Commission.

Trout, Raley, Montano, Witwer & Freeman, P.C., Peter D. Nichols , Lisa M. Thompson , Robert V. Trout , Denver, Colorado, for Defendant-Appellee Upper Black Squirrel Creek Ground Water Management District.

William H. Louis , County Attorney, M. Cole Emmons , Assistant County Attorney, Colorado Springs, Colorado, for Amicus Curiae Board of County Commissioners of El Paso County, Colorado.

Epperson and McClary, P.C., Donald F. McClary , Andrew F. McClary , Fort Morgan, Colorado, for Amicus Curiae North Kiowa-Bijou Groundwater Management District.

Lind, Lawrence & Ottenhoff, L.L.P., P. Andrew Jones , Windsor, Colorado, for Amicus Curiae Lost Creek Ground Water Management District.

Vranesh & Raisch, L.L.P., Michael D. Shimmin , Boulder, Colorado, for Amici Curiae Marks Butte, Frenchman, Sand Hills, Central Yuma, W-Y, and Plains Ground Water Management Districts.


Opinion by Judge DAILEY.

Plaintiffs, Meridian Ranch Metropolitan District, Meridian Service Metropolitan District, and Cherokee Metropolitan District (collectively, the Metro Districts), appeal a district court's judgment that, consistent with a ruling from the Colorado Ground Water Commission (the Commission), the Upper Black Squirrel Creek Ground Water Management District (the Management District) could adopt certain rules...

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