City of Arvada v. City and County of Denver

HODGES, Chief Justice.

This is an appeal from three trial court rulings granting summary judgments. We affirm. Because the procedural and factual background of the case is lengthy and complex, it is discussed in three phases to correspond with each of the trial court’s rulings.

PHASE I

In 1965 the Denver Water Board (the Board) contracted to sell Arvada up to 19,000 acre feet of water per year. Arvada agreed to pay for this water at the rates set forth in a schedule attached to the contract. Because the contract was of an indefinite duration, the parties agreed that the Board would have the…