Concerning the Application for Water Rights of Widefield Water and Sanitation District and the City of Fountain in Custer County.
WIDEFIELD WATER AND SANITATION DISTRICT and City of Fountain, Applicants-Appellants
v.
Steven J. WITTE, in his official capacity as Division Engineer for Water Division 2; Dick Wolfe, in his official capacity as State Engineer; Pueblo West Metropolitan District; Round Mountain Water and Sanitation District; Custer County Investments, LLC; Ute Springs Ranch, LLC; Southeastern Colorado Water Conservancy District; Peter Lopresti; Catherine Lopresti; Board of Water Works of Pueblo, Colorado; Wet Mountain Valley Water Association; John W. Brandenburg; Radonna B. Brandenburg; John W. Brandenburg Living Trust; Radonna B. Brandenburg Living Trust; Charles E. Schneider; Lee Roy Family Trust; D & V Koch Ranch, LLC; Mike Smith; City of Aurora; Board of County Commissioners of Custer County, Colorado; and Penrose Water District, Opposers-Appellees.
Supreme Court of Colorado.https://leagle.com/images/logo.png
December 22, 2014.
December 22, 2014.
Attorney(s) appearing for the Case
Attorneys for Applicant-Appellant Widefield Water and Sanitation District: White & Jankowski, LLP, Sarah A. Klahn , Denver, Colorado.
Attorneys for Opposers-Appellees Steven J. Witte and Dick Wolfe: John W. Suthers , Attorney General, Paul L. Benington , First Assistant Attorney General, Thomas N. George , Assistant Attorney General, Denver, Colorado.
Attorneys for Opposers-Appellees Pueblo West Metropolitan District and Round Mountain Water and Sanitation District: Krassa & Miller, LLC, Robert F.T. Krassa , Robin A. Byers , Boulder, Colorado.
Attorneys for Amicus Curiae Blue River Valley Ranch Lakes Association: Carlson, Hammond & Paddock, LLC, Mary Mead Hammond , Mason H. Brown , Denver, Colorado.
No appearance on behalf of: Custer County Investments, LLC; Ute Springs Ranch, LLC; Southeastern Colorado Water Conservancy District; Peter Lopresti; Catherine Lopresti; Board of Water Works of Pueblo, Colorado; Wet Mountain Valley Water Association; John W. Brandenburg; Radonna B. Brandenburg; John W. Brandenburg Living Trust; Radonna B. Brandenburg Living Trust; Charles E. Schneider; Lee Roy Family Trust; D & V Koch Ranch, LLC; Mike Smith; City of Aurora; Board of County Commissioners of Custer County, Colorado; and Penrose Water District.
En Banc.
CHIEF JUSTICERICE delivered the Opinion of the Court.
¶ 1 In this interlocutory appeal from the water court, the applicants seek to change the use of an absolute water right. The relevant decree for that right expressly identifies the precise acres to be irrigated. To ensure that their proposed change would not result in an unlawful expansion...
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