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BD. OF CTY. COM'RS v. CRESTONE PEAK RES.

Court of Appeals No. 19CA2040.

493 P.3d 917 (2021)

2021 COA 67

BOARD OF COUNTY COMMISSIONERS OF BOULDER COUNTY, Colorado, Plaintiff-Appellant, v. CRESTONE PEAK RESOURCES OPERATING LLC, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Announced May 13, 2021.

Attorney(s) appearing for the Case

Ben Pearlman , County Attorney, Katherine A. Burke , Senior Assistant County Attorney, David Hughes , Deputy County Attorney, Catherine Ruhland , Deputy County Attorney, Boulder, Colorado; Hamre, Rodriguez, Ostrander & Dingess, P.C., Steven Louis-Prescott , Denver, Colorado, for Plaintiff-Appellant.

Jost Energy Law, P.C., Jamie L. Jost , Kelsey H. Wasylenky , Denver, Colorado; Wheeler Trigg O'Donnell LLP, Joel S. Neckers , Theresa Wardon Benz , Andrew W. Myers , Denver, Colorado, for Defendant-Appellee.

Julia Guarino , Boulder, Colorado, for Amicus Curiae Getches-Green Natural Resources and Environmental Law Clinic, University of Colorado Law.

¶ 1 This appeal centers on one question: What constitutes "production" under an oil and gas lease? The Board of County Commissioners of Boulder County (Boulder) sued Crestone Peak Resources Operating LLC (Crestone), alleging that wells subject to two of Crestone's oil and gas leases had stopped producing, and therefore...

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