CONCERN. APP. WATER RIGHTS CITY COUNTY DENV.

Supreme Court Case No. 16SA291.

444 P.3d 278 (2019)

2019 CO 68

CONCERNING THE APPLICATION FOR WATER RIGHTS OF the CITY AND COUNTY OF DENVER, acting BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS in Douglas, Jefferson, Arapahoe, Denver, Broomfield, Weld, Adams, and Park Counties. The City and County of Denver, acting by and through its Board of Water Commissioners, Applicant-Appellee. v. Consolidated Ditches of Water District No. 2; Parker Water and Sanitation District; Central Colorado Water Conservancy District; City of Aurora; and Farmers Reservoir and Irrigation Company, Opposers-Appellants, and Bijou Irrigation Company and Bijou Irrigation Ditch, Centennial Water and Sanitation District, City and County of Broomfield, City of Brighton, City of Commerce City, City of Louisville, City of Thornton, City of Westminster, Coors Brewing Company, East Cherry Creek Valley Water and Sanitation District, Fairmount Cemetery Company, Farmers High Line Canal, Fulton Irrigation Ditch Company, Henrylyn Irrigation District, New Brantner Extension Ditch, Northern Colorado Water Conservancy District, Platte Valley Irrigation Company, Public Service Company of Colorado, South Adams County Water and Sanitation District, South Suburban Park and Recreation District, Denver County Club, Upper Cherry Creek Water Association, and United Water and Sanitation District, Opposers-Appellees, and Concerning Corey DeAngelis, Division Engineer, Water Division No. 1; and Kevin Rein, State Engineer, Appellees Pursuant to C.A.R. 1(e).

Supreme Court of Colorado.

July 1, 2019.


Attorney(s) appearing for the Case

Attorneys for Applicant-Appellee City and County of Denver: Patricia L. Wells , Daniel J. Arnold , Casey S. Funk , Denver, Colorado.

Attorneys for Opposer-Appellant Consolidated Ditches of Water District No. 2: Hoskin Farina & Kampf, P.C., William A. Hillhouse II , Eliza F. Hillhouse , John P. Justus , Grand Junction, Colorado, Law Office of Brice Steele, P.C., Brice Steele , Brighton, Colorado.

Attorneys for Opposer-Appellant Parker Water and Sanitation District: Krassa & Miller, LLC Robert F. T. Krassa , Boulder, Colorado.

Attorneys for Opposer-Appellant Central Colorado Water Conservancy District: Lawrence Jones Custer Grasmick, LLP, Kim R. Lawrence , David P. Jones , Wesley S. Knoll , Johnstown, Colorado.

Attorneys for Opposer-Appellant City of Aurora: Hamre, Rodriguez, Ostrander & Dingess, P.C., John M. Dingess , Peter C. Johnson , Denver, Colorado.

Attorneys for Opposer-Appellant Farmers Reservoir and Irrigation Company: Fairfield and Woods, P.C., Joseph B. Dischinger , Beth Ann J. Parsons , Beth Van Vurst , Dean C. Hirt, III , Denver, Colorado.

Attorneys for Opposer-Appellee Northern Colorado Water Conservancy District: Trout Raley , Bennett W. Raley , Douglas M. Sinor , William Davis Wert , Denver, Colorado.

Attorneys for Appellees Pursuant to C.A.R. 1(e) Corey DeAngelis, Division Engineer, Water Division No. 1; and Kevin Rein, State Engineer: Philip J. Weiser , Attorney General, Paul L. Benington , First Assistant Attorney General Denver, Colorado.

Attorneys for Amicus Curiae Board of County Commissioners of Summit County, Colorado: Petros & White, LLC Charles B. White   David S. Hayes Denver, Colorado.

Attorneys for Amicus Curiae The Colorado River Water Conservation District: Peter C. Fleming , Jason V. Turner , Glenwood Springs, Colorado.

Attorneys for Amicus Curiae City of Colorado Springs: City Attorney's Office, Michael Gustafson , Colorado Springs, Colorado, Hill & Robbins, P.C., David W. Robbins , Matthew A. Montgomery , Denver, Colorado.

Attorneys for Amici Curiae Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority: Porzak Browning & Bushong LLP, Glenn E. Porzak , Boulder, Colorado.

Attorneys for Amici Curiae Grand Valley Water Users Association, Orchard Mesa Irrigation District, and Ute Water Conservancy District: Williams Turner & Holmes, P.C., Kirsten M. Kurath , Grand Junction, Colorado.

Attorneys for Amicus Curiae Middle Park Water Conservancy District: Cazier & McGowan, Stanley W. Cazier , Granby, Colorado.

Attorneys for Amicus Curiae Palisade Irrigation District: Dufford, Waldeck, Milburn & Krohn, LLP, Nathan A. Keever , Grand Junction, Colorado.

No appearance on behalf of: Bijou Irrigation Company and Bijou Irrigation Ditch, Centennial Water and Sanitation District, City and County of Broomfield, City of Brighton, City of Commerce City, City of Louisville, City of Thornton, City of Westminster, Coors Brewing Company, East Cherry Creek Valley Water and Sanitation District, Fairmount Cemetery Company, Farmers High Line Canal, Fulton Irrigation Ditch Company, Henrylyn Irrigation District, New Brantner Extension Ditch, Platte Valley Irrigation Company, Public Service Company of Colorado, South Adams County Water and Sanitation District, South Suburban Park and Recreation District, Denver County Club, Upper Cherry Creek Water Association, and United Water and Sanitation District.


¶1 This appeal from the water court in Water Division 1 represents the latest chapter in litigation over a 1940 water use agreement (1940 Agreement) between the City and County of Denver, acting by and through its Board of Water Commissioners...

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