PARKER WATER AND SANITATION DIST. v. REIN

Supreme Court Case No. 23SA141.

559 P.3d 217 (2024)

2024 CO 71M

PARKER WATER AND SANITATION DISTRICT, a Colorado special district, Applicant-Appellant, and Meridian Metropolitan District, Arapahoe County Water and Wastewater Authority, East Cherry Creek Valley Water and Sanitation District, Rangeview Metropolitan District, Town of Castle Rock, Cherry Creek Project Water Authority, and South Metro Water Supply Authority, Intervenors-Appellants, v. Kevin G. REIN, in his official capacities as the State Engineer for the State of Colorado and Director of the Colorado Division of Water Resources; Colorado Division of Water Resources; and Corey DeAngelis, in his official capacity as the Division Engineer for Division 1, Appellees, and City of Aurora and City of Greeley, Intervenors-Appellees.

Supreme Court of Colorado.

As Modified on Denial of Rehearing December 9, 2019.


Attorney(s) appearing for the Case

Attorneys for Applicant-Appellant: Hoffmann, Parker, Wilson & Carberry, P.C., Jefferson H. Parker, M. Patrick Wilson, Kathryn M. Sellars, Daniel P. Harvey, Denver, Colorado.

Attorneys for Intervenor-Appellant Meridian Metropolitan District: Carlson, Hammond & Paddock, LLC, Mason Hamill Brown, Denver, Colorado.

Attorneys for Intervenor-Appellant Rangeview Metropolitan District: Hayes Poznanovic Korver LLC, Eric K. Trout, Denver, Colorado.

Attorneys for Intervenors-Appellants Town of Castle Rock and South Metro Water Supply Authority: Lyons Gaddis, PC, Madoline Wallace-Gross, Longmont, Colorado.

Attorneys for Appellees: Philip J. Weiser, Attorney General, Christopher R. Stork, Senior Assistant Attorney General, Denver, Colorado.

Attorneys for Intervenor-Appellee City of Aurora: Hamre, Rodriguez, Ostrander & Dingess, P.C., Austin Hamre, Teri L. Petitt, Englewood, Colorado.

Attorneys for Intervenor-Appellee City of Greeley: Welborn Sullivan Meck & Tooley, P.C., Carolyn F. Burr, James M. Noble, Denver, Colorado.

No appearance on behalf of: Arapahoe County Water and Wastewater Authority, Cherry Creek Project Water Authority, and East Cherry Creek Valley Water and Sanitation District.

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


¶1 This case concerns the State Engineer's authority to limit the total volume of nontributary groundwater that may be withdrawn from the Denver Basin aquifers over the lifetime of a well permit. Appellant Parker Water and Sanitation District ("Parker"), a quasi-municipal special district...

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