Greeley legal staff to oppose East Cherry Creek Valley exchange diligence case; trial scheduled next month in separate instream-flow matter

The Greeley Water and Sewer Board on Sept. 17 authorized the city’s legal team to file a statement of opposition in water-court diligence case number 25CW3105, an application by East Cherry Creek Valley Water and Sanitation District concerning a conditional exchange water right.

Jim, the city attorney, told the board the exchange application spans from Fort Morgan to the Burlington Ditch in the Denver area and includes claims that exchanges operated from the Cache la Poudre River to the South Platte. He said the city typically participates in such cases to learn the operational details of other users and to guard against potential impacts to Greeley’s water-right portfolio.

Board action
A board member moved that staff and legal counsel file statements of opposition in case 25CW3105 and seek resolution consistent with an existing board resolution (Resolution No. 3, 2015). The motion was seconded and approved; the chair announced the motion carries.

Trial update: Cache la Poudre instream-flow case
Jim also briefed the board on an instream-flow case (21CW3056) that is scheduled for trial next month. The case involves a multi-party effort to protect stream flows in the Cache la Poudre River; Greeley, Fort Collins, Northern Water, the City of Thornton and the Colorado Water Conservation Board are among involved parties. Jim said Greeley has dedicated the use of some GIC shares as an augmenting source for the reach in question and that negotiations have settled with several parties but that remaining issues could go to trial if not resolved.

Why it matters
Water-court proceedings and exchange/decree diligence applications can change how water is administered; Greeley staff said participation is necessary to protect municipal and operational interests and to ensure other users’ proposed operations do not injure Greeley’s rights.

Next steps
Legal staff will file the statement of opposition in case 25CW3105 and continue negotiations in the instream-flow matter to attempt settlement before trial; the board asked staff to provide trial dates and logistics if the case proceeds to court so members can observe.