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IN RE APPLICATION FOR WATER RIGHTS

Supreme Court Case No. 12SA196.

304 P.3d 1160 (2013)

2013 CO 50

CONCERNING THE APPLICATION FOR WATER RIGHTS OF The CITY AND COUNTY OF DENVER, Acting BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS IN DOUGLAS, ARAPAHOE, DENVER, BROOMFIELD, WELD, ADAMS, AND PARK COUNTIES, COLORADO, City and County of Denver, Applicant-Appellee v. City of Englewood, Opposer-Appellant and Arapahoe County Water and Wastewater Authority; Bear Creek Development Corporation; Bijou Irrigation Company; Bijou Irrigation District; Centennial Water and Sanitation District; Center of Colorado Water Conservancy District; City and County of Broomfield; City of Aurora; City of Commerce; City of Lakewood; City of Louisville; City of Thornton; City of Westminster; Consolidated Ditches of Water District No. 2; Coors Brewing Company; James R. Hall, Division Engineer; East Cherry Creek Valley Water and Sanitation District; Water Activity Enterprise, Inc.; Fairmount Cemetery Company; Farmers High Line Canal and Reservoir Company; Farmers Reservoir and Irrigation Company; Fulton Irrigation Ditch Company; Glenmoor Country Club; Henrylyn Irrigation District; New Brantner Extension Ditch Company; Northern Colorado Water Conservancy District; Parker Water & Sanitation District; Public Service Company of Colorado, dba Xcel Energy; Platte Valley Irrigation Company; Central Colorado Water Conservancy District; Hal D. Simpson, State Engineer; South Adams County Water and Sanitation District; South Suburban Park Recreation District; The City of Greeley; The Upper Cherry Creek Water Association; The Denver Country Club; City of Brighton; and United Water & Sanitation District, Opposers-Appellees.

Supreme Court of Colorado, En Banc.

July 1, 2013.

Attorney(s) appearing for the Case

Attorneys for Applicant-Appellee City and County of Denver: Daniel John Arnold Casey S. Funk Patricia L. Wells Denver, Colorado.

Attorneys for Opposer-Appellant City of Englewood: Berg Hill Greenleaf & Ruscitti LLP Jon N. Banashek David Cower Hill Heidi C. Potter Ann Marie Rhodes Boulder, Colorado.

Justice RICE delivered the Opinion of the Court.

¶ 1 In this direct appeal from the division one water court, we consider whether Denver may use properly quantified transmountain lawn irrigation return flows ("LIRFs") as a substitute supply of water for its Civil Action ("C.A.") 3635 exchanges. We hold that properly quantified transmountain LIRFs are legally indistinguishable from reusable transmountain effluent and...

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