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CHOSTNER v. CO. WATER QUALITY CONTROL COM'N

Court of Appeals Nos. 12CA1116 & 12CA1117.

327 P.3d 290 (2013)

2013 COA 111

Jeff CHOSTNER, in his official capacity as District Attorney for the Tenth Judicial District, Colorado; Office of the District Attorney for the Tenth Judicial District, Colorado; and Rocky Mountain Environment and Labor Coalition, Plaintiffs-Appellees, v. COLORADO WATER QUALITY CONTROL COMMISSION; Steven H. Gunderson, in his official capacity as the Director of the Colorado Water Quality Control Division of the Colorado Department of Public Health and Environment; and Colorado Springs Utilities, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Announced July 18, 2013.

Attorney(s) appearing for the Case

John Barth , Hygiene, Colorado, for Plaintiffs-Appellees.

John W. Suthers , Attorney General, Jerry W. Goad , First Assistant Attorney General, Annette M. Quill , Senior Assistant Attorney General, Denver, Colorado, for Defendants-Appellants Colorado Water Quality Control Commission and Steven H. Gunderson.

Hill & Robbins, P.C., David W. Robbins , Jennifer H. Hunt , Nathan P. Flynn , Denver, Colorado, for Defendant-Appellant Colorado Springs Utilities.

Opinion by JUDGE DUNN.

¶ 1 The regulation of water quality in Colorado is the domain of the Colorado Water Quality Control Commission (Commission) and the Water Quality Control Division (Division).

¶ 2 These consolidated appeals arise from a decision of the Division to conditionally certify a municipal water delivery project under section 401 of the federal Clean Water Act, 33 U.S.C. § 1341(a)(1) (2006). The District Attorney for the Tenth Judicial...

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