Legal Opinion

Upper Eagle Regional Water Authority v. Simpson

Supreme Court of Colorado

Decided September 10, 2007No. 06SA303PublishedCited by 8 opinions

1Opinion of the CourtChief Justice Mullarkey

This case involves an application for augmentation and exchange filed by the Upper Eagle Regional Water Authority ("the Authority"). The proposed plan allows the Authority 10.8 acre-feet of out-of-priority deple-*731tions from its three main diversion points on the Eagle River, and in exchange, the Authority is responsible for releasing augmentation water from Wolford and/or Ruedi Reservoirs. Relying on a table of estimated depletion rates based on a projected mix of uses in the Authority's service area, the Authority calculated its replacement obligations and argued that no injury would inhere…

2Cases cited14 opinions

  1. Danielson v. Castle Meadows, Inc.Supreme Court of Colorado · 1990
  2. City of Aurora v. Colorado State EngineerSupreme Court of Colorado · 2005
  3. Weibert v. Rothe Bros., Inc.Supreme Court of Colorado · 1980
  4. May v. United StatesSupreme Court of Colorado · 1988
  5. City of Westminster v. ChurchSupreme Court of Colorado · 1968

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3Cited by8 opinions

  1. Pagosa Area Water & Sanitation District v. Trout UnlimitedSupreme Court of Colorado · 2007
  2. Wolfe v. Sedalia Water & Sanitation DistrictSupreme Court of Colorado · 2015
  3. Upper Eagle Regional Water Authority v. WolfeSupreme Court of Colorado · 2010
  4. Concerning the Application for Water Rights of Town of Firestone. v. BCL Colorado LP; City and County of Broomfield; City of Boulder; City of Englewood; City of Lafayette; City of Longmont; City of Westminster; Dream Weaver Holdings LLC; Godding Ditch Company; Last Chance Ditch Company; LG Everist, Inc.; Little Thompson Water District; New Coal Ridge Ditch Company; New Consolidated Lower Boulder Reservoir and Ditch Company; Public Service Company of Colorado; Rural Ditch Company; Shores On Plum Creek Metropolitan District No. 1; St. Vrain Left Hand Water Conservation District; St. Vrain Sanitation District; State Engineer and Water Division 1 Engineer; Town of Frederick; Varra Companies, Inc.; and Water Users Association of District No. 6. Opposers-Appellees: Town of Firestone, Applicant-Appellant:Supreme Court of Colorado · 2025
  5. Concerning the Application for Amendment of an Augmentation Plan of Independence Water and Sanitation District in Elbert County. v. Independence Water and Sanitation District, Applicant-Appellee Franktown Citizens Coalition II, Inc. and West Elbert County Well Users Association, Opposers-Appellants and Division 1 Engineer. Pursuant to C.A.R. 1(e)Supreme Court of Colorado · 2025

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