Concerning the Application for Water Rights of the City of Aurora in Adams, Arapahoe, Douglas and Weld Counties City…

Summary

The court affirmed the water court’s decree in two respects. It held that Northern Colorado Water Conservancy District could not require Aurora to discount Colorado-Big Thompson water in calculating its exchange potential because Aurora had no contract or privity with the district, and it held that Aurora’s contract with East Cherry Creek Valley Water and Sanitation District unambiguously authorized Aurora to reuse all effluent from sewage flows delivered by the district. The court also upheld the water court’s rejection of the rate-making and illegal-exaction challenges and its determination that the contract-termination issue was not ripe.