Concerning the Application of United States of America; City and County of Denver, acting by and through its Board of Water Commissioners; City of Colorado Springs, acting through its enterprise Colorado Springs Utilities; Colorado River Water Conservation District; Northern Colorado Water Conservancy District; Middle Park Water Conservancy District; Grand Valley Water Users Association; Orchard Mesa Irrigation District; Grand Valley Irrigation Company; Palisade Irrigation District; and Climax Molybdenum Company for a Determination of Water Rights in Summit, Grand, Garfield, Eagle, Pitkin, Routt, Gunnison, Rio Blanco, and Mesa Counties, Colorado.
UNITED STATES of America; City and County of Denver, acting by and through its Board of Water Commissioners; City of Colorado Springs, acting through its enterprise Colorado Springs Utilities; Colorado River Water Conservation District; Northern Colorado Water Conservancy District; Middle Park Water Conservancy District; Orchard Mesa Irrigation District; Grand Valley Water Users Association; Grand Valley Irrigation Company; Palisade Irrigation District; and Climax Molybdenum Company, Applicants-Appellees,
v.
CITY OF GOLDEN, Opposer-Appellant,
Ute Water Conservancy District; Grand County Board of Commissioners; City of Aurora; Clinton Ditch and Reservoir Company; Eagle River Water and Sanitation District; Upper Eagle Regional Water Authority; Eagle Park Reservoir Company; Summit County Board of Commissioners; Public Service Company of Colorado; Town of Gypsum; Chimney Rock Ranch, LLC; and Snake River Water District, Opposers-Appellees. and
James Heath, in his capacity as the Division Engineer for Water Division No. 5., Appellee Pursuant to C.A.R. 1(e).
Supreme Court of Colorado.https://leagle.com/images/logo.png
June 17, 2024.
As Modified on Denial of Rehearing July 22, 2024.
Attorney(s) appearing for the Case
Attorneys for Opposer-Appellant City of Golden: Bushong & Holleman P.C., Steven J. Bushong, Cassidy L. Woodard, Gunnar J. Paulsen, Boulder, Colorado, Porzak Law LLC, Glenn Porzak, Boulder, Colorado.
Attorneys for Applicant-Appellee United States of America: United States Department of Justice, John E. Bies, Washington, District of Columbia, United States Department of Justice, Jeffrey Neel Candrian, Denver, Colorado.
Attorneys for Applicant-Appellee City and County of Denver: Daniel J. Arnold, James M. Wittler, Denver, Colorado.
Attorneys for Applicant-Appellee City of Colorado Springs: Carlson, Hammond & Paddock, L.L.C. William A. Paddock, Denver, Colorado, City Attorney's Office, Michael J. Gustafson, Colorado Springs, Colorado.
Attorneys for Applicant-Appellee Colorado River Water Conservation District: Peter C. Fleming, Jason V. Turner, Glenwood Springs, Colorado.
Attorneys for Applicant-Appellee Northern Colorado Water Conservancy District: Trout Raley, Bennett W. Raley, Denver, Colorado.
Attorneys for Applicant-Appellee Middle Park Water Conservancy District: The Whitmer Law Firm, LLC, Kent Whitmer, Hot Sulphur Springs, Colorado.
Attorneys for Applicants-Appellees Orchard Mesa Irrigation District and Grand Valley Water Users Association: Williams, Turner & Holmes, P.C., Kirsten M. Kurath, Grand Junction, Colorado.
Attorneys for Applicant-Appellee Grand Valley Irrigation Company: Aldrich Law Firm, LLC, Frederick G. Aldrich, Grand Junction, Colorado.
Attorneys for Applicant-Appellee Palisade Irrigation District: Dufford Waldeck, Nathan A. Keever, Grand Junction, Colorado.
Attorneys for Applicant-Appellee Climax Molybdenum Company: Nazarenus Stack Wombacher LLC, Brian M. Nazarenus, Sheela S. Stack, Greenwood Village, Colorado.
No appearance on behalf of: Ute Water Conservancy District; Grand County Board of Commissioners; City of Aurora; Clinton Ditch and Reservoir Company; Eagle River Water and Sanitation District; Upper Eagle Regional Water Authority; Eagle Park Reservoir Company; Summit County Board of Commissioners; Public Service Company of Colorado; Town of Gypsum; Chimney Rock Ranch, LLC; Snake River Water District; and James Heath, in his capacity as the Division Engineer for Water Division No. 5.
JUSTICE MÁRQUEZ delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE HOOD, JUSTICE GABRIEL, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.
JUSTICEMÁRQUEZ delivered the Opinion of the Court.
¶1 This appeal from the water court for Division 5 is the latest chapter in the decades-long dispute over water rights associated with Green Mountain Reservoir. In 1937, Congress directed the construction of Green Mountain Reservoir on the Blue River, a tributary to the Colorado River...
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