Concerning the Application for Water Rights of the City and County of Broomfield in Adams, Broomfield, Boulder, and Weld Counties.
CENTENNIAL WATER AND SANITATION DISTRICT and City of Boulder, Opposers-Appellants/Cross-Appellees,
v.
CITY AND COUNTY OF BROOMFIELD, Applicant-Appellee/Cross-Appellant. and
City of Aurora, Brighton Ditch Company, City of Englewood, Farmers Reservoir and Irrigation Company, City of Longmont, City of Louisville, New Consolidated Lower Boulder Reservoir and Ditch Company, Northern Colorado Water Conservancy District, Platteville Irrigation and Milling Company, Public Service Company of Colorado, d/b/a Xcel Energy, South Adams County Water and Sanitation District, City of Thornton, and City of Westminster, Opposers-Appellees/Cross-Appellees, and
James R. Hall, Division Engineer for Water Division No. 1, Appellee Pursuant to C.A.R. 1(e).
Supreme Court of Colorado, En Banc.https://leagle.com/images/logo.png
June 20, 2011.
As Modified on Denial of Rehearing August 1, 2011.
Attorney(s) appearing for the Case
Buchanan and Sperling, P.C., Veronica A. Sperling, Esq. , Eric R. Potyondy , Arvada, Colorado, Attorneys for Opposers-Appellants/Cross-Appellees Centennial Water and Sanitation District and City of Boulder.
Trout, Raley, Montano, Witwer & Freeman, P.C., Peter D. Nichols , Denver, Colorado, Attorneys for Amici Curiae Lower Arkansas Valley Water Conservancy District and Lower Arkansas Valley Super Ditch Company, Inc.
Burns, Figa, & Will, P.C., Stephen H. Leonhardt , Greenwood Village, Colorado, Attorneys for Amici Curiae Southeastern Colorado Water Conservancy District, Coors Brewing Company, and Castle Pines Metropolitan District.
Duncan Ostrander & Dingess, P.C., Austin Hamre , Denver, Colorado, Attorneys for Amicus Curiae Castle Pines North Metropolitan District.
Entry of Appearance with no briefs filed by the City of Aurora.
No appearance by or on behalf of Brighton Ditch Company, City of Englewood, Farmers Reservoir and Irrigation Company, City of Longmont, City of Louisville, New Consolidated Lower Boulder Reservoir and Ditch Company, Northern Colorado Water Conservancy District, Platteville Irrigation and Milling Company, Public Service Company of Colorado, d/b/a Xcel Energy, South Adams County Water and Sanitation District, City of Thornton, and City of Westminster.
Supreme Court of Colorado, En Banc.
Justice EID delivered the Opinion of the Court.
The City and County of Broomfield ("Broomfield") filed an application for conditional appropriative rights of exchange in the district court for Water Division No. 1 for two claimed exchange reaches on the South Platte River and Big Dry Creek, a tributary of the South Platte River. The conditional appropriative rights of exchange included claims to seventeen sources of substitute water supply: nine that Broomfield owns...
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