Supreme Court of Colorado

Front Range Feedlots, LLC v.

May 1, 20232023 CO 20

Summary

The court upheld the State Engineer’s authority to issue and enforce an order requiring Front Range to comply with the terms of a substitute water supply plan, including after the plan expired and the related water-court application was withdrawn. It also upheld assigning the plan’s obligations to Front Range, requiring replacement of depletions from pre-application pumping, and ordering Front Range to obtain additional replacement sources when necessary. The court awarded the Engineers reasonable attorney fees and costs, remanded for determination of the amount, and dismissed the related appeal as moot.