City of Aurora Ex Rel. Its Utility Enterprise v. Northern Colorado Water Conservancy District

Opinion modified, and as modified, Petition for Rehearing DENIED.

I. Introduction

Opposers Northern Colorado Water Conservancy District (“Northern Water”) and East Cherry Creek Valley Water and Sanitation District (“ECCV”) appeal a May 6, 2009 decree of the district court, Water Division Number 1 (the “water court”). Northern Water claims that Aurora must discount any water from the Colorado-Big Thompson (“CBT”) Project that might flow through a proposed exchange reach when calculating that reach’s exchange potential. ECCV contends that a 1976 contract with the City of Aurora does not allow the…