FARMERS RESERVOIR v. PUBLIC SERVICE CO.

Supreme Court Case No. 21SA122.

526 P.3d 161 (2022)

2022 CO 22

The FARMERS RESERVOIR AND IRRIGATION COMPANY, Applicant-Appellant/Cross-Appellee, v. PUBLIC SERVICE COMPANY OF COLORADO; Irrigationists Association; Central Colorado Water Conservancy District; Fort Morgan Reservoir and Irrigation Company; City of Brighton; City of Commerce City; Henrylyn Irrigation District; South Adams County Water and Sanitation District; Town of Lochbuie; Platte Valley Irrigation Company; City of Englewood; City of Aurora; Lower Latham Reservoir Company; Dream Weaver Holdings LLC; City of Thornton; Centennial Water and Sanitation District; Kevin Rein, State Engineer; and Corey DeAngelis, Division Engineer for Water Division 1, Opposer-Appellees; and Arapahoe County Water and Wastewater Authority, East Cherry Creek Valley Water and Sanitation District, and United Water and Sanitation District, Opposer-Appellees/Cross-Appellants.

Supreme Court of Colorado.

Rehearing Denied June 21, 2022.


Attorney(s) appearing for the Case

Attorneys for Applicant-Appellant/Cross-Appellee: Fairfield and Woods, P.C., Joseph B. Dischinger , Beth Ann J. Parsons , Denver, Colorado.

Attorneys for Opposer-Appellee Platte Valley Irrigation Company: Lyons Gaddis Kahn Hall Jeffers Dworak & Grant, PC, Scott E. Holwick , Kara N. Godbehere , Longmont, Colorado.

Attorneys for Opposer-Appellees Kevin Rein, State Engineer; and Corey DeAngelis, Division Engineer for Water Division 1: Philip J. Weiser , Attorney General, Paul L. Benington , First Assistant Attorney General, Christopher R. Stork , Assistant Attorney General, Denver, Colorado.

Attorneys for Opposer-Appellees/Cross-Appellants Arapahoe County Water and Wastewater Authority and East Cherry Creek Valley Water and Sanitation District: Nazarenus Stack & Wombacher LLC, Brian M. Nazarenus , Sheela S. Stack , William D. Wombacher , Stacy L. Brownhill , Greenwood Village, Colorado.

Attorneys for Opposer-Appellee/Cross-Appellant United Water and Sanitation District: Law Office of Tod J. Smith, LLC, Tod J. Smith , Boulder, Colorado, Ann Rhodes, LLC, Ann M. Rhodes , Louisville, Colorado.

No appearance on behalf of: Public Service Company of Colorado, Irrigationists Association, Central Colorado Water Conservancy District, Fort Morgan Reservoir and Irrigation Company, City of Brighton, City of Commerce City, Henrylyn Irrigation District, South Adams County Water and Sanitation District, Town of Lochbuie, City of Englewood, City of Aurora, Lower Latham Reservoir Company, Dream Weaver Holdings LLC, City of Thornton, and Centennial Water and Sanitation District.

JUSTICE BERKENKOTTER delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE MÁRQUEZ, JUSTICE HOOD, JUSTICE GABRIEL, JUSTICE HART, and JUSTICE SAMOUR joined.


¶1 This case comes to us on appeal from a judgment of the Division 1 Water Court and concerns the right to use water that has been the subject of litigation for nearly two decades. In Case No. 02CW403, and again in Case No. 10CW306,1 the Division 1 Water Court...

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