APPLICATION FOR WATER RIGHTS OF WELL AUGMENTATION

Supreme Court Case No. 16SA256.

435 P.3d 469 (2019)

2019 CO 12

Concerning the APPLICATION FOR WATER RIGHTS OF WELL AUGMENTATION SUBDISTRICT OF the CENTRAL COLORADO WATER CONSERVANCY DISTRICT and South Platte Well Users Association, Well Augmentation Subdistrict of the Central Colorado Water Conservancy District and South Platte Well Users Association, Applicants-Appellees, v. Centennial Water and Sanitation District, Opposer-Appellant, and Bijou Irrigation Company; Bijou Irrigation District; Cache La Poudre Water Users Association; City of Aurora; City of Black Hawk; City of Boulder; City and County of Denver Acting by and Through its Board of Water Commissioners; City of Englewood; City of Greeley Acting by and Through its Water and Sewer Board; City of Sterling; City of Thornton; City of Westminster; Ducommun Business Trust; East Cherry Creek Valley Water and Sanitation District; Farmers Reservoir and Irrigation Company; Fort Morgan Reservoir and Irrigation Company; Harmony Ditch Company; Henrylyn Irrigation District; Irrigationists' Association, Water District 1; Jackson Lake Reservoir and Irrigation Company; Lower Latham Reservoir Company; Lupton Bottom Ditch Company; Lupton Meadows Ditch Company; New Cache La Poudre Irrigating Company; Cache La Poudre Reservoir Company; North Poudre Irrigation Company; Pawnee Well Users, Inc.; Public Service Company of Colorado; Riverside Irrigation District; Riverside Reservoir and Land Company; South Adams County Water and Sanitation District; State Engineer and Division Engineer; United Water and Sanitation District; and Westfarm, LLC, Opposers-Appellees. and Concerning David Nettles, Division Engineer, Water Division 1, Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado.

February 19, 2019.


Attorney(s) appearing for the Case

Attorneys for Opposer-Appellant: Buchanan Sperling & Holleman PC, Veronica A. Sperling , Paul F. Holleman , Boulder, Colorado.

Attorney for Applicants-Appellees: Lawrence Jones Custer Grasmick LLP, David P. Jones , Johnstown, Colorado.

Attorneys for Opposer-Appellee State Engineer and Division Engineer and Appellee Pursuant to C.A.R. 1(e) David Nettles, Division Engineer, Water Division 1: Philip J. Weiser , Attorney General, Paul L. Benington , First Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae City of Colorado Springs: City of Colorado Springs Attorney's Office, Michael Gustafson , Colorado Springs, Colorado.

Hill & Robbins, P.C., David W. Robbins , Matthew A. Montgomery , Denver, Colorado.

No appearance by or on behalf of Bijou Irrigation Company; Bijou Irrigation District; Cache La Poudre Water Users Association; City of Aurora; City of Black Hawk; City of Boulder; City and County of Denver acting by and through its Board of Water Commissioners; City of Englewood; City of Greeley acting by and through its Water and Sewer Board; City of Sterling; City of Thornton; City of Westminster; Ducommun Business Trust; East Cherry Creek Valley Water and Sanitation District; Farmers Reservoir and Irrigation Company; Fort Morgan Reservoir and Irrigation Company; Harmony Ditch Company; Henrylyn Irrigation District; Irrigationists' Association, Water District 1; Jackson Lake Reservoir and Irrigation Company; Lower Latham Reservoir Company; Lupton Bottom Ditch Company; Lupton Meadows Ditch Company; New Cache La Poudre Irrigating Company; Cache La Poudre Reservoir Company; North Poudre Irrigation Company; Pawnee Well Users, Inc.; Public Service Company of Colorado; Riverside Irrigation District; Riverside Reservoir and Land Company; South Adams County Water and Sanitation District; United Water and Sanitation District; or Westfarm, LLC.

En Banc.


¶1 Centennial appealed from an order of the water court dismissing its objection to the Well Augmentation Subdistrict's proposal to use additional sources of replacement water for its previously decreed augmentation plan. Centennial had asserted that WAS failed to comply with the notice...

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