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FRONT RANGE FEEDLOTS, LLC v. REIN

Supreme Court Case No. 22SA211, Supreme Court Case No. 21SA138.

528 P.3d 494 (2023)

2023 CO 20

FRONT RANGE FEEDLOTS, LLC, Plaintiff-Appellant, v. Kevin G. REIN, State Engineer; and Corey DeAngelis, Division Engineer for Water Division 1. Defendants-Appellees Concerning the Application for Water Rights of Front Range Feedlots, LLC in Larimer County Kevin G. Rein, State Engineer; and Corey DeAngelis, Division Engineer for Water Division 1, Opposers-Appellants v. Front Range Feedlots, LLC, Applicant-Appellee, and Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission; Northern Colorado Water Conservancy District; Arapahoe County Water and Wastewater Authority; East Cherry Creek Valley Water and Sanitation District; Cache La Poudre Water Users Association; New Cache La Poudre Irrigating Company; and Ogilvy Irrigating and Land Company. Opposers-Appellees.

Supreme Court of Colorado.

May 1, 2023.

Attorney(s) appearing for the Case

Attorneys for Front Range Feedlots, LLC: Lawrence Custer Grasmick Jones & Donovan, LLP, David P. Jones , Wesley S. Knoll , David L. Strait , Johnstown, Colorado.

Attorneys for Kevin G. Rein, State Engineer; and Corey DeAngelis, Division Engineer for Water Division 1.: Philip J. Weiser , Attorney General, Paul L. Benington , First Assistant Attorney General, William D. Davidson , Assistant Attorney General, Denver, Colorado.

No appearance on behalf of: Colorado Division of Parks and Wildlife and the Parks and Wildlife Commission; Northern Colorado Water Conservancy District; Arapahoe County Water and Wastewater Authority; East Cherry Creek Valley Water and Sanitation District; Cache La Poudre Water Users Association; New Cache La Poudre Irrigating Company; and Ogilvy Irrigating and Land Company.

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

¶1 These related cases principally involve challenges by Front Range Feedlots, LLC to certain orders issued by State Engineer, Kevin G. Rein (the "State Engineer"), and the District Court for Water Division 1 (the "water court"). Specifically, Front Range challenges the State Engineer's authority...

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