July 17, 2019

Colorado Supreme Court: Aurora Water Contract Does Not Constitute Unfair Rate-Making or Illegal Exaction

The Colorado Supreme Court issued its opinion in Concerning the Application for Water Rights of the City of Aurora in Adams, Arapahoe, Douglas, and Weld Counties: City of Aurora v. Northern Colorado Conservancy District on June 28, 2010.

Water Law—Right of Exchange—Absence of Contract.

The Supreme Court held that, in the absence of a contract between the Northern Colorado Water Conservancy District (Northern Water) and the City of Aurora (City), Northern Water cannot compel the City to discount any possible Colorado–Big Thompson water in the exchange reach. Further, East Cherry Creek Valley Water and Sanitation District’s (ECCV) contract with the City unambiguously gives the City the right to use all effluent derived from sewage flows that ECCV sends to the City for treatment. The contract does not constitute any unfair rate-making or illegal exaction. Accordingly, the water court’s judgment was affirmed.

Summary and full case available here.

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