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
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 & Sanitation District, Lupton Bottom Ditch Company, Lupton Meadows Ditch, New Coal Ridge Ditch Company, New Consolidated Lower Boulder Reservoir and Ditch Company, Northern Colorado Water Conservancy District, Platte Valley Irrigation Company, South Adams Water and Sanitation District, and City of Boulder, Opposers-Appellees and
John W. Suthers, Attorney General, State of Colorado, Intervenor-Appellee and
James R. Hall, Division Engineer, Water Division 1, Appellee Pursuant to C.A.R. 1(e).
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
September 27, 2010.
September 27, 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.
John W. Suthers , Attorney General, Chad M. Wallace , Assistant Attorney General, Autumn L. Bernhardt , Assistant Attorney General, Federal, Interstate, and Reserved Water Rights, Natural Resources and Environment Section, Denver, Colorado, Attorneys for Intervenor-Appellee John W. Suthers, Attorney General, State of Colorado.
No appearance on or behalf of Opposers-Appellees 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 & Sanitation District, Lupton Bottom Ditch Company, Lupton Meadows Ditch, New Coal Ridge Ditch Company, New Consolidated Lower Boulder Reservoir and Ditch Company, Northern Colorado Water Conservancy District, Platte Valley Irrigation Company, South Adams Water and Sanitation District, and City of Boulder; and Appellee Pursuant to C.A.R. 1(e), James E. Hall, Division Engineer, Water Division 1.
Supreme Court of Colorado, En Banc.
Justice BENDER delivered the Opinion of the Court.
I. Introduction
In this appeal, we review the water court's award of costs against Farmers Reservoir and Irrigation Company ("FRICO") for the trial concerning the City and County of Broomfield's ("Broomfield") application for a change in the use of water rights. See City & Cnty. of Broomfield v. Farmers Reservoir & Irrigation Co.,235 P.3d 296, 298-99...
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