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Board authorizes opposition in two water‑court diligence cases; Windsor litigation moves toward September mediation
Summary
The board authorized filing statements of opposition in two Division 1 water‑court diligence applications and received updates on other water litigation, including a Windsor declaratory‑judgment case now set for mediation in September and a rescheduled Parker trial date in October 2026.
GREELEY, Colo. — On Aug. 20 the Greeley Water and Sewer Board authorized staff and outside counsel to file statements of opposition in two Division 1 water‑court diligence cases and heard updates on the city’s pending water litigation.
Outside counsel Carolyn Burr recommended the board authorize filing statements of opposition in case numbers 25CW3077 and 25CW3088. The board approved the recommendation by motion and voice vote.
Case specifics and rationale: - Case 25CW3077: a diligence application by North Weld County Water District seeking various exchanges that would use WISC shares as substitute supply and would affect multiple structures in the Poudre system, including City of Greeley facilities (Overland Trail System, Milton Seaman Reservoir, Chambers Lake and parts of the City of Greeley pipeline). Legal counsel said Greeley will monitor and protect its structures and interests. - Case 25CW3088: a Central GMS diligence application seeking a diligence finding for Bernhardt Storage Reservoir on the Big Thompson; counsel noted part of the claimed absolute was previously made and they will verify the entitlement.
The board’s motion authorized staff and counsel “to seek resolution of issues raised by these cases consistent with Water and Sewer Board resolution number 3 2015.”
Other litigation updates: - Parker case (19CW3253): counsel said a July trial was postponed after the applicant’s counsel had a medical issue. Opposers held a settlement conference and counsel described the talks as “encouraging,” with applicants expected to return with concrete proposals by month-end; counsel said they hope that could eliminate the need for an October 2026 trial date. - Windsor declaratory-judgment litigation (25CV30355): city attorney’s office and outside counsel filed suit in April alleging Windsor breached an IGA related to sanitary sewer service obligations along the Highway 34 corridor. Dan Beewer with the city attorney’s office said parties have exchanged records and the city will pursue mediation beginning in September; the April 2026 trial remains on the calendar if mediation does not resolve the dispute.
Why it matters: the water‑court diligence applications and inter‑municipal litigation involve water rights, storage and conveyance that directly affect the city’s ability to operate and manage its raw and treated water infrastructure.
Quotes: Carolyn Burr, outside counsel, said the filings are a “monitoring effort to make sure that they know that we’re there and watching out for our structures.” Dan Beewer, with the city attorney’s office, said mediation with Windsor in September will help narrow issues and that the city “is prepared either way and confident in our positions.”
