UNITED WATER v. BURLINGTON DITCH RESERVOIR

Supreme Court Case No. 19SA150.

476 P.3d 341 (2020)

2020 CO 80

Concerning the Application for Water Rights of United Water and Sanitation District, acting by and through the United Water Acquisition Project Water Activity Enterprise in Adams, Arapahoe, Denver, Douglas, Elbert, Morgan, and Weld Counties. UNITED WATER AND SANITATION DISTRICT, acting BY AND THROUGH THE UNITED WATER ACQUISITION PROJECT WATER ACTIVITY ENTERPRISE, Applicant-Appellant v. BURLINGTON DITCH RESERVOIR AND LAND COMPANY; Centennial Water and Sanitation District; City of Aurora; City of Boulder; City and County of Denver, acting by and through its Board of Water Commissioners; City of Englewood; City of Brighton; City of Thornton; Edmundson Land, LLC; The Farmers Reservoir and Irrigation Company; Fort Morgan Reservoir & Irrigation Company; Henrylyn Irrigation District; Irrigationists' Association, Water District 1; Lower Latham Reservoir Company; Platte Valley Irrigation Company; Public Service Company of Colorado; South Adams County Water and Sanitation District; Todd Creek Village Metropolitan District; Town of Lochbuie; and The Board of County Commissioners of the County of Weld, State of Colorado, Opposers-Appellees and Concerning Corey DeAngelis, Division Engineer, Water Division 1, Appellee Pursuant to C.A.R. 1(e)

Supreme Court of Colorado.

November 23, 2020.


Attorney(s) appearing for the Case

Attorneys for Applicant-Appellant: Law Offices of Tod J. Smith, LLC Tod J. Smith Boulder, Colorado Ann Rhodes, LLC Ann M. Rhodes Boulder, Colorado.

Attorneys for Opposer-Appellee Burlington Ditch Reservoir and Land Company: Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, P.C. Scott E. Holwick   Kara N. Godbehere Longmont, Colorado.

Attorneys for Opposer-Appellee City of Aurora: Brownstein Hyatt Farber Schreck, LLP Steven O. Sims   Dulcinea Z. Hanuschak   Benjamin J. Saver Denver, Colorado City of Aurora Stephanie Neitzel , Aurora, Colorado.

Attorneys for Opposer-Appellee The 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 Appellee Pursuant to C.A.R. 1(e): Philip J. Weiser , Attorney General Paul L. Benington , First Assistant Attorney General Philip E. Lopez , Senior Assistant Attorney General Denver, Colorado.

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

Attorneys for Amicus Curiae City and County of Denver: Jessica R. Brody , General Counsel Casey S. Funk   Daniel J. Arnold   James M. Wittler Denver, Colorado.

No appearance on behalf of: Centennial Water and Sanitation District; City of Boulder; City of Englewood; City of Brighton; City of Thornton; Edmundson Land, LLC; Fort Morgan Reservoir & Irrigation Company; Henrylyn Irrigation District; Irrigationists' Association, Water District 1; Lower Latham Reservoir Company; Platte Valley Irrigation Company; Public Service Company of Colorado; South Adams County Water and Sanitation District; Todd Creek Village Metropolitan District; Town of Lochbuie; and The Board of County Commissioners of the County of Weld, State of Colorado.

en banc.


¶1 This appeal arises out of an application for a conditional water storage right filed by United Water and Sanitation District, a special water district formed in Elbert County, acting through the United Water Acquisition Project Water Activity Enterprise ("United"). Since 2013, United...

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