Perry Park Water & Sanitation District v. Cordillera Corp.
Supreme Court of Colorado
1Opinion of the CourtJustice Kirshbaum
Appellant Perry Park Water & Sanitation District (the District) appeals the judgment of the District Court, Water Division No. 1 (the water court), granting a motion for partial summary judgment filed by appel-lees, Cordillera Corporation and Larkspur Properties (hereafter Cordillera). The motion asserted that the District lacked authority to appropriate certain underground nontributary ground water lying beneath land owned by Cordillera. The water court agreed, holding that a resolution passed by the District in 1985 (the 1985- Resolution) upon which the District relied for its authority to…
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