CHERRY CREEK VALLEY v. GREELEY IRR. CO.

Supreme Court Case No. 14SA179.

348 P.3d 434 (2015)

2015 CO 30

CONCERNING THE APPLICATION FOR WATER RIGHTS OF EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT and Colorado Water Network, Inc. in Adams, Arapahoe, Denver, Douglas, Elbert, Larimer, Morgan, and Weld Counties East Cherry Creek Valley Water and Sanitation District and Colorado Water Network, Inc., Applicant-Appellant/Cross-Appellees. v. GREELEY IRRIGATION COMPANY, City of Greeley, Central Colorado Water Conservancy District, Groundwater Management Subdistrict of the Central Colorado Water Conservancy, Well Augmentation Subdistrict of the Central Colorado Water Conservancy District, Cache la Poudre Water Users Association, Lower Latham Reservoir Company, and Ogilvy Irrigating and Land Company, Opposer-Appellants. v. Dick Wolfe, P.E. State Engineer, and David L. Nettles, P.E. Division Engineer, Water Division 1; and City of Aurora, Cross-Appellants. City of Englewood, Centennial Water and Sanitation District, City of Boulder, City of Thornton, Colorado Division of Wildlife, Equus Farms, Inc., Irrigationists Association Water District, Northern Colorado Water Conservancy District, and Public Service Company of Colorado, Opposer-Appellees.

Supreme Court of Colorado.

As Modified on Denial of Rehearing June 1, 2015.


Attorney(s) appearing for the Case

Attorneys for Applicant East Cherry Creek Valley Water and Sanitation District: Ryley Carlock & Applewhite, Brian M. Nazarenus , Susan M. Ryan , Denver, Colorado.

Attorneys for the Applicant Colorado Water Network, Inc.: Law Office of Tod J. Smith, LLC, Tod J. Smith , Boulder, Colorado.

Attorneys for Opposers Greeley Irrigation Company: Dietze and Davis, P.C., Star L. Waring , Gabriella Stockmayer , Mark Detsky , Boulder, Colorado.

Attorneys for Opposers City of Greeley, Acting by and through its Water and Sewer Board: Trout, Raley, Montano, Witwer and Freeman, P.C., James S. Witwer , Douglas M. Sinor , Denver, Colorado, Greeley City Attorney's Office, Andrew B. Nicewicz , Greeley, Colorado.

Attorneys for Opposers Central Colorado Water Conservancy District, Groundwater Management Subdistrict of the Central Colorado Water Conservancy District, and Well Augmentation Subdistrict of the Central Colorado Water Conservancy District: Lawrence Jones Custer Grasmick, LLP, Bradley C. Grasmick , Johnstown, Colorado.

Attorneys for Opposers Cache La Poudre Water Users Association, Lower Latham Reservoir Company, and the Ogilvy Irrigating and Land Company: Fischer, Brown, Bartlett & Gunn, P.C., Daniel K. Brown , Donald. E. Frick , Fort Collins, Colorado.

Attorneys for Opposers City of Aurora: Brownstein Hyatt Farber Schreck, LLP., Steven O. Sims , John A. Helfrich , Dulcinea Z. Hanuschak , Denver, Colorado.

Attorneys for Opposers Centennial Water and Sanitation District: Buchanan and Sperling, P.C., Veronica A. Sperling , John D. Buchanan , Arvada, Colorado.

Attorneys for Opposers Colorado State Engineer and Division Engineer for Water Division 1: Cynthia H. Coffman , Attorney General, Chad M. Wallace , Senior Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae the City of Loveland: Ryley Carlock & Applewhite, Brian M. Nazarenus , Susan M. Ryan , Denver, Colorado.

Attorneys for Amicus Curiae the City of Thornton: Thornton City Attorney's Office, Margaret A. Emerich , City Attorney, Joanne Herlihy , Assistant City Attorney, Thornton, Colorado.

No appearance by or on behalf of City of Boulder, Colorado Division of Wildlife, Equus Farms, Inc., Irrigationists Association Water District, Northern Colorado Water Conservancy District, and Public Service Company of Colorado.

En Banc.


¶ 1 This appeal concerns a change of water right case filed by applicants East Cherry Creek Valley Water and Sanitation District and Colorado Water Network, Inc. (collectively "East Cherry Creek Valley"). East Cherry Creek Valley submitted an application for a change of water right involving...

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