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WATER RIGHTS v. BOULDER & WELD CTY. DITCH

Supreme Court Case No. 14SA348.

367 P.3d 1179 (2016)

2016 CO 17

CONCERNING THE APPLICATION FOR WATER RIGHTS OF COUNTY OF BOULDER IN BOULDER COUNTY County of Boulder, a body corporate and politic, Applicant-Appellant, v. BOULDER AND WELD COUNTY DITCH COMPANY, Water Users Association of District No. 6, The Farmers Reservoir and Irrigation Company, City of Boulder, Town of Erie, and City of Lafayette, Opposers-Appellees, and State Engineer and Division Engineer for Water Division No. 1., Appellees.

Supreme Court of Colorado.

Rehearing Denied April 11, 2016.

Attorney(s) appearing for the Case

Attorneys for Applicant-Appellant: Gilbert Y. Marchand, Jr., P.C., Gilbert Y. Marchand, Jr. , Boulder, Colorado.

Attorneys for Opposer-Appellee Boulder and Weld County Ditch Company: PC Johnson Attorney at Law, LLC, Peter C. Johnson , Denver, Colorado.

En Banc.

¶ 1 Boulder County is developing a property known as the Bailey Farm into a public open-space park which will feature several ponds formed when abandoned gravel pits filled with groundwater. Because two of the pits-turned-ponds exposed groundwater after January 1, 1981, the County must replace...

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