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BROOMFIELD v. FARMERS RESERVOIR AND IRR.

No. 09SA178.

235 P.3d 296 (2010)

Concerning the Application for Water Rights of the City and County of Broomfield. The CITY AND COUNTY OF BROOMFIELD, a county and Colorado municipal corporation, Applicant-Appellee v. The FARMERS RESERVOIR AND IRRIGATION COMPANY, a Colorado corporation, Opposer-Appellant and The Brighton Ditch Company, City of Aurora, Central Colorado Water Conservancy District, City of Englewood, City of Thornton, City of Westminster, East Cherry Creek Valley Water and Sanitation District, Public Service Company of Colorado, United Water and Sanitation District, Lupton Bottom Ditch Company, Lupton Meadows Ditch, New Coal Ridge Ditch Company, New Consolidated Lower Boulder Reservoir, Platte Valley Irrigation Company, South Adams Water & Sanitation District, and City of Boulder, Opposers-Appellees and James Hall, Division Engineer, Water Division 1, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

June 28, 2010.

Attorney(s) appearing for the Case

Harvey W. Curtis & Associates, Harvey W. Curtis, David L. Kueter, Sheela S. Stack, Englewood, Colorado, Attorneys for Applicant-Appellee City and County of Broomfield, a county and Colorado municipal corporation.

Law Office of Akolt and Akolt, LLC, John P. Akolt, III, John C. Akolt, II, Brighton, Colorado, Attorneys for Opposer-Appellant Farmers Reservoir and Irrigation Company, a Colorado corporation.

No appearance on or behalf of Opposers-Appellees Brighton Ditch Company, Central Colorado Water Conservancy District, City of Englewood, City of Thornton, City of Westminster, East Cherry Creek Valley Water and Sanitation District, Public Service Company of Colorado, United Water and Sanitation District, Lupton Bottom Ditch Company, Lupton Meadows Ditch, New Coal Ridge Ditch Company, New Consolidated Lower Boulder Reservoir, Platte Valley Irrigation Company, South Adams Water & Sanitation District, and City of Boulder; and Appellee Pursuant to C.A.R. 1(e) James Hall, Division Engineer, Water Division 1.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, the Farmers Reservoir and Irrigation Company ("FRICO") asks us to review the water court's finding that the City and County of Broomfield's ("Broomfield") application for a change in the use of water rights would not injuriously affect the water rights of others. FRICO alleges that the water court erred by not considering numerous tables and calculations that FRICO included...

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