CITY OF AURORA v. NORTHERN COLORADO

No. 09SA158.

236 P.3d 1222 (2010)

Concerning the Application for Water Rights of the City of Aurora in Adams, Arapahoe, Douglas and Weld Counties CITY OF AURORA, acting by and through ITS UTILITY ENTERPRISE, Applicant-Appellee v. NORTHERN COLORADO WATER CONSERVANCY DISTRICT, Opposer-Appellant. and East Cherry Creek Valley Water and Sanitation District, Opposer-Appellant. Adams County Board of County Commissioners; Peter L. Baurer; Cynthia S. Baurer; Centennial Water and Sanitation District; Central Colorado Water Conservancy District, the Ground Water Management Subdistrict; Well Augmentation Subdistrict of the Central Colorado Water Conservancy District; City of Boulder; City of Brighton; City of Englewood; City of Fort Lupton; City of Greeley, acting by and through its Water and Sewer Board; City of Thornton; City of Westminster; Denis B. Clanahan, Trustee of the Crabb Trust; Colorado River Water Conservation District; City and County of Denver, acting by and through its Board of Water Commissioners; Carl F. Eiberger, III; Farmers Reservoir and Irrigation District; Henrylynn Irrigation District; New Brantner Extension Ditch Company; Donald O. Peterson; Public Service Company of Colorado d/b/a Xcel Energy; South Adams County Water and Sanitation District; The Brighton Ditch Company; United Water and Sanitation District; and Wattenberg Improvement Association, Inc.; Opposers-Appellees. James Hall, Division Engineer, Water Division 1., Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

As Modified August 2, 2010.


Attorney(s) appearing for the Case

Brownstein Hyatt Farber Schreck, LLP, Steven O. Sims, Adam T. DeVoe, John A. Helfrich, Holly K. Strablizky, Denver, Colorado, Attorneys for Applicant-Appellee City of Aurora.

Trout, Raley, Montaño, Witwer & Freeman P.C., Robert V. Trout, Bennett W. Raley, Douglas M. Sinor, Denver, Colorado, Attorneys for Opposer-Appellant Northern Colorado Water Conservancy District.

Ryley Carlock & Applewhite, William B. Tourtillott, Brian M. Nazarenus, James M. Noble, Denver, Colorado, Attorneys for Opposer-Appellant East Cherry Creek Valley Water and Sanitation District.

Ryley Carlock & Applewhite, Brian M. Nazarenus, James M. Noble, Denver, Colorado, Attorneys for Opposer-Appellee Public Service Company of Colorado, a Colorado corporation.


Opinion modified, and as modified, Petition for Rehearing DENIED.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

Opposers Northern Colorado Water Conservancy District ("Northern Water") and East Cherry Creek Valley Water and Sanitation District ("ECCV") appeal a May 6, 2009 decree of the district court, Water Division Number 1 (the "water court"). Northern Water claims that Aurora must discount any water from the Colorado...

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