City of Thornton ex rel. Utilities Board v. City of Fort Collins

The City of Thornton (Thornton) appeals from a judgment of the water court for Water Division 1 (water court) awarding the City of Fort Collins (Fort Collins) a conditional surface water right with a certain appropriation date. Fort Collins cross-appeals from the judgment of the water court denying Fort Collins another conditional surface water right. As to the appeal, we affirm in part and reverse in part and remand. As to the cross-appeal, we reverse and remand.

I

First, we review the applications by Fort Collins for conditional water rights and Thornton’s objections. This case began when…