Greeley board OKs filing opposition in water-rights case tied to nearby reservoir projects

Greeley’s Water and Sewer Board on April 14 authorized staff and legal counsel to file statements of opposition in Colorado water court case number 25CW3020, an application by Martin Marietta related to diligence and partial appropriation of storage rights for Taft Hill Reservoir and North Shore Reservoir.

Carolyn Burr of the law firm Wellborn, Sullivan, Mech & Tooley briefed the board on the matter and recommended filing opposition "to monitor where Martin Marietta is at with these cases and make sure that they are accurately accounting for their water rights and that nothing they're doing would be injurious to Greeley's interest in those facilities," Burr said.

Burr told the board the reservoirs in question can be filled via the Taylor and Gill Ditch and sit adjacent to Greeley facilities at Overland Trail Ponds; the firm recommended filing the opposition to protect Greeley’s interests and to ensure proper accounting of diversion and return-flow obligations. The board voted to authorize staff and counsel to seek resolution of the issues consistent with Water and Sewer Board Resolution No. 3‑2015.

Burr also updated the board on a separate developer application (formerly HF2M, now Montava Partners) that involves proposed well supply and augmentation plans using changed shares and local storage. She said further discovery and an amended application have postponed trial dates and will extend litigation into late 2026 or early 2027.

The motion to file statements of opposition was moved, seconded and approved by voice vote.