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					SUPREME COURT, STATE OF COLORADO                                                  9:00 a.m.
Oral Argument: Tuesday, December 2, 2008                                          EN BANC
Bailiff: James Qaqundah/Andrew Mutz


08SA29 (1 HOUR)

Plaintiff-Appellant:                           )   For the Plaintiff-Appellant:
                                               )   Timothy R. Buchanan
The North Sterling Irrigation District,        )   Buchanan and Sperling, P.C.
                                               )
and                                            )   For the Intervenors-Plaintiffs-
                                               )   Appellants:
Intervenors-Plaintiffs-Appellants:             )   Veronica A. Sperling
                                               )   Buchanan and Sperling, P.C.
City of Boulder; Centennial Water &            )
Sanitation District; and Pawnee Wells Users,   )   For the Defendant-Appellees:
Inc.,                                          )   John W. Suthers
                                               )   Attorney General
 v.                                            )   Devin R. Odell
                                               )   Assistant Attorney General
Defendants-Appellees:                          )   Natural Resources and
                                               )   Environment Section
Harold D. Simpson, P.E., in his capacity as    )
the Colorado State Engineer; and James R.      )   For the Intervenor-Defendant-Appellee
Hall, P.E., in his capacity as the Division    )   City of Aurora:
Engineer in and for Water Division 1,          )   Steven O. Sims
                                               )   Holly K. Strablizky
and                                            )   Brownstein Hyatt Farber Schreck, LLP
                                               )
Intervenors-Defendants                         )   For the Intervenors-Defendants-
Appellees:                                     )   Appellees Bijou Irrigation Company and
                                               )   Bijou Irrigation District:
The City of Westminster;                       )   Michael D. Shimmin
Irrigationists’ Association Water              )   Stuart B. Corbridge
District 1; The Northern Colorado              )   Vranesh and Raisch, LLP
Water Conservancy District; Bijou              )
Irrigation Company; Bijou                      )   For the Intervenors-Defendants-
Irrigation District; Central Colorado          )   Appellees Riverside Irrigation District
Water Conservancy District;                    )   and Riverside Reservoir and Land
Groundwater Management                         )   Company:
Subdistrict of the Central Colorado            )   Mark J. Wagner
Water Conservancy District; The                )   Hill & Robbins, P.C.
Well Augmentation Subdistrict of               )
the Central Colorado Water                     )
Conservancy District; The Lower                )
South Platte Water Conservancy                 )
District; The Cache La Poudre                  )
Irrigating Company, The Cache La               )
Poudre Reservoir Company;                      )                 Cont’d on Next Page
                                                                                             1
                                                                   Cont’d from Previous Page

 Western Mutual Ditch Company;                    )   For Intervenors-Defendants-Appellees
 Farmer’s Independent Ditch                       )   Central Colorado Water Conservancy
 Company; Campbell Development,                   )   District, Groundwater Management
 Inc.; Fox Acres Community                        )   Subdistrict of the Central Colorado
 Services Corporation, The City of                )   Water Conservancy District, the Well
 Aurora, Riverside Irrigation                     )   Augmentation Subdistrict of the Central
 District, Riverside Reservoir and                )   Colorado Water Conservancy District,
 Land Company, Fort Morgan                        )   the Farmers Independent Ditch
 Reservoir & Irrigation Company;                  )   Company and Western Mutual Ditch
 and The Jackson Lake Reservoir &                 )   Company:
 Irrigation Company.                              )   Bradley C. Grasmick
                                                  )   Kim R. Lawrence
                                                  )   Lind, Lawrence & Ottenhoff LLP
                                                  )
                                                  )   For Intervenors-Defendants-Appellees
                                                  )   Fort Morgan Reservoir and Irrigation
                                                  )   Company, and Jackson Lake Reservoir
                                                  )   and Irrigation Company:
                                                  )   Cynthia F. Covell
                                                  )   Andrea L. Benson
                                                  )   Alperstein & Covell, P.C.


Appeal from the District Court, Water Division No. 1, 05CW125.
Docketed: January 25, 2008
At Issue: September 9, 2008

ISSUE(S):

Whether a storage water right is entitled to divert water in accordance with the Colorado
constitution and law when in-priority and to satisfy the fill of the water right.

Whether a storage water right has no decreed season of diversion limitation and has operated
pursuant to “low point” administration for nearly one hundred years, whether it was error for the
Water Court to order a change in the historical administration of the water right.

Whether the Water Judge erred in determining that administration of the “one-fill” rule for the
North Sterling Reservoir storage water rights should be based on a fixed water year selected by
the State and Division Engineers, rather than on the historical exercise and operation of the North
Sterling Reservoir storage water rights.

Whether the Water Judge erred in determining as a matter of law that there could be no injury to
Centennial’s, Boulder’s and Pawnee’s water rights from the imposition of a fixed water year
selected by the State and Division Engineers.
______________________________________________________________________________




                                                                                                 2
Oral Argument: Tuesday, December 2, 2008                                                 10:00 a.m.
                                                                                         EN BANC


 07SC983 (½ HOUR)

 Petitioner:                                       )   For the Petitioner:
                                                   )   Mark G. Walta
 Charles Farrar,                                   )   Mark Gregory Walta L.L.C.
                                                   )
 v.                                                )   For the Respondent:
                                                   )   John W. Suthers
 Respondent:                                       )   Attorney General
                                                   )   Patricia R. Van Horn
 The People of the State of Colorado.              )   Assistant Attorney General
                                                   )   Appellate Division
                                                   )   Criminal Justice Section

Certiorari to the Colorado Court of Appeals, 02CA1358
Docketed: November 19, 2007
At Issue: October 9, 2008

ISSUE(S):

Whether a new trial is required when the trial court finds that an alleged sexual assault victim has
“substantial credibility issues,” and that her post-conviction recantation is no more or less
believable than her testimony at trial, in a case where the credibility of the alleged victim was the
sole issue at trial.
______________________________________________________________________________




                                                                                                   3
 Oral Argument: Tuesday, December 2, 2008                                                10:30 a.m.
                                                                                         EN BANC


 08SC63 (1 HOUR)

 Petitioner:                                       )   For the Petitioner:
                                                   )   Timothy J. Schultz
 Mary K. Krueger, personal representative of       )   January D. Barrett
 the Estate of Iver M. Villa, a/k/a Iver Martin    )   Richard W. Hanes
 Villa, and a/k/a Martin Villa, deceased,          )   Hanes & Schultz, LLC
                                                   )
 v.                                                )   For the Respondent:
                                                   )   James D. Osbourne
 Respondent:                                       )
                                                   )
 Marlyn L. Ary.                                    )
                                                   )

Certiorari to the Colorado Court of Appeals, 06CA2142
Docketed: January 24, 2008
At Issue: September 16, 2008

ISSUE(S):

Whether the court of appeals erred in affirming the trial court’s decision not to instruct the jury,
in accordance with C.J.I.4th 30:16, that the Subject Transfers were presumed to be unfair, unjust
and unreasonable in review of the confidential relationship between the decedent and his
caregiver.

Whether the court of appeals erred in affirming the trial court’s decision not to instruct the jury,
in accordance with C.J.I.4th 34:16, that the Subject Transfers were presumed to be the product of
undue influence in view of the relationship between the decedent and his caregiver, coupled with
the fact that the caregiver was involved in the creation of the documents by which the transfers
were made.

Whether the court of appeals erred in failing to consider and apply the compelling policy
considerations that dictate that the presumptions set forth in C.J.I.4th 30:16 and 34:16 should be
given to the jury, irrespective of whether the defendant has introduced some evidence rebutting
the presumption.
______________________________________________________________________________




                                                                                                   4
SUPREME COURT, STATE OF COLORADO                                                      1:30 p.m.
Oral Argument: Tuesday, December 2, 2008                                              EN BANC
Bailiff: Ginette Chapman/Jason Malinsky


07SC977 (1 HOUR)

 Petitioner:                                      )   For the Petitioner:
                                                  )   Howard Kenison
 Board of County Commissioners of the             )   Stuart N. Bennett
 County of Adams, State of Colorado,              )   Lindquist & Vennum P.L.L.P.
                                                  )
 v.                                               )   For the Respondent:
                                                  )   John W. Suthers
 Respondent:                                      )   Attorney General
                                                  )   David E. Kreutzer
 Colorado Department of Public Health and         )   First Assistant Attorney General
 Environment,                                     )   Jerry Goad
                                                  )   Senior Assistant Attorney General
 Intervenor-Respondent:                           )   Natural Resources & Environment Section
                                                  )
 Clean Harbors Deer Trail, LLC.                   )   For the Intervenor-Respondent:
                                                  )   David W. Stark
                                                  )   Todd P. Walker
                                                  )   Brandee L. Caswell
                                                  )   Faegre & Benson
                                                  )
                                                  )   For Amicus Curiae Colorado
                                                  )   Counties, Inc.:
                                                  )   Bruce T. Barker
                                                  )   Weld County Attorney

Certiorari to the Colorado Court of Appeals, 06CA1255
Docketed: November 16, 2007
At Issue: October 20, 2008

ISSUE(S):

Whether Adams County has standing to challenge the Colorado Department of Public Health and
Environment’s decision to issue a radioactive materials license, which authorized the disposal of
certain types of radioactive waste, to a waste disposal facility located in the County on the
ground that the facility failed to first obtain a certificate of designation from the County
specifically authorizing the disposal of such waste.

Whether Adams County has standing to challenge the Colorado Department of Public Health and
Environment’s decision to modify a hazardous waste disposal permit issued to the same waste
disposal facility on the ground that the modified permit incorporated the terms of the radioactive
materials license without first obtaining a modified hazardous waste certificate of designation
from the County, or otherwise obtaining the County’s approval.
______________________________________________________________________________
                                                                                                5
 Oral Argument: Tuesday, December 2, 2008                                             2:30 p.m.
                                                                                      EN BANC


 07SC978 (1 HOUR)

 Petitioner:                                      )   For the Petitioner:
                                                  )   Howard Kenison
 Board of County Commissioners of the             )   Stuart N. Bennett
 County of Adams, State of Colorado,              )   Lindquist & Vennum P.L.L.P.
                                                  )
 v.                                               )   For the Respondent:
                                                  )   John W. Suthers
 Respondent:                                      )   Attorney General
                                                  )   David E. Kreutzer
 Colorado Department of Public Health and         )   First Assistant Attorney General
 Environment,                                     )   Jerry Goad
                                                  )   Senior Assistant Attorney General
 and                                              )
                                                  )   For Intervenor-Respondent:
 Intervenor-Respondent:                           )   David W. Stark
                                                  )   Todd P. Walker
 Clean Harbors Deer Trial, L.L.C., a Colorado     )   Brandee L. Caswell
 Limited Liability Company.                       )
                                                  )   For Amicus Curiae Colorado
                                                  )   Counties, Inc.:
                                                  )   Bruce T. Barker
                                                  )   Weld County Attorney


Certiorari to the Colorado Court of Appeals, 06CA1891
Docketed: November 16, 2007
At Issue: October 20, 2008

ISSUE(S):

Whether Adams County has standing to challenge the Colorado Department of Public Health and
Environment’s decision to issue a radioactive materials license, which authorized the disposal of
certain types of radioactive waste, to a waste disposal facility located in the County on the
ground that the facility failed to first obtain a certificate of designation from the County
specifically authorizing the disposal of such waste.

Whether Adams County has standing to challenge the Colorado Department of Public Health and
Environment’s decision to modify a hazardous waste disposal permit issued to the same waste
disposal facility on the ground that the modified permit incorporated the terms of the radioactive
materials license without first obtaining a modified hazardous waste certificate of designation
from the County, or otherwise obtaining the County’s approval.
______________________________________________________________________________



                                                                                                6
SUPREME COURT, STATE OF COLORADO                                                         9:00 a.m.
Oral Argument: Wednesday, December 3, 2008                                               EN BANC
Bailiff: Ruth Mackey/Erin Overturf


08SA109 (1 HOUR)

 Plaintiff-Appellant:                               )   For the Plaintiff-Appellant:
                                                    )   Max I. Exline
 Ralph L. Archuleta,                                )
                                                    )   For the Defendant-Appellee:
 v.                                                 )   Henry D. Worley
                                                    )   MacDougall, Woldridge & Worley, P.C.
 Defendant-Appellee:                                )
                                                    )
 Theodore Gomez.                                    )



Appeal from the District Court, Water Division No. 1, 06CW92
Docketed: April 1, 2008
At Issue: September 29, 2008


ISSUE(S):

Whether the trial court erred in finding the requirements of the 18 year statute of limitations and
adverse possession statute had been met, where there was no evidence the defendant made
actual, continuous and exclusive use of all of the plaintiff’s water.

Whether the trial court erred in failing to require the defendant to prove his alleged adverse use
of plaintiff’s water was pursuant to a valid appropriation and was taken in priority.

Whether the trial court erred in finding that Plaintiff’s claim as to Archuleta Ditch (Priority 30)
was substantially frivolous and awarding attorney fees.

______________________________________________________________________________




                                                                                                      7
Oral Argument: Wednesday, December 3, 2008                                        10:00 a.m.
                                                                                  EN BANC


07SC483 (1 HOUR)

Petitioners:                                    )   For the Petitioners:
                                                )   Thomas P. Johnson
Farmers Insurance Exchange, an insurer, and     )   Janette L. Ferguson
owner of Mid-Century Insurance Company;         )   Davis, Graham & Stubbs, LLP
and Mid-Century Insurance Company, a            )
California corporation,                         )   For the Respondent:
                                                )   Robert B. Carey
v.                                              )   Leif Garrison
                                                )   The Carey Law Firm
Respondent:                                     )   and
                                                )   Walter H. Sargent
Marc A. Benzing, on behalf of himself and all   )   Walter H. Sargent, a
others similarly situated.                      )   Professional Corporation
                                                )
                                                )   For Amicus Curiae Colorado Civil
                                                )   Justice League, Colorado Association of
                                                )   Commerce and Industry, Colorado
                                                )   Competitive Council and Denver Metro
                                                )   Chamber of Commerce:
                                                )    Timothy R. Macdonald
                                                )    James E. Scarboro
                                                )    Arnold & Porter LLP
                                                )
                                                )   For Amicus Curiae The Colorado Trial
                                                )   Lawyers Association:
                                                )   Bradley A. Levin
                                                )   Alexa R. Salg
                                                )   Roberts, Levin & Rosenberg, P.C.
                                                )
                                                )   For Amicus Curiae John Quinn, Marcia
                                                )   Quinn and Lynn Young:
                                                )   Robert F. Hill
                                                )   John H. Evans
                                                )   Nathan P. Flynn
                                                )   Hill & Robbins, P.C.
                                                )   and
                                                )   Thomas D. McFarland
                                                )   McFarland Law Offices
                                                )   and
                                                )   M. Gabriel McFarland
                                                )   Luke McFarland
                                                )   Evans & McFarland, LLC

                                                                 Cont’d on Next Page
                                                                                              8
                                                                   Cont’d from Previous Page

Certiorari to the Colorado Court of Appeals, 05CA1633
Docketed: June 5, 2007
At Issue: November 10, 2008


ISSUE(S):

Whether Colorado should extend the federal securities-law doctrine of “fraud-on-the-market” to
relieve plaintiffs of the burden of proving causation of injury in class actions alleging non-
securities claims such as insurance bad faith and violation of the Colorado Consumer Protection
Act.

Whether a trial court is precluded from decertifying a class based on a ground that defendants did
not assert at the initial certification hearing, where the evidence supporting that ground was not
discovered until after the hearing.

Whether the court of appeals improperly reweighed the evidence and substituted its assessment
for the trial court’s in reviewing the trial court’s decision to decertify a class.
______________________________________________________________________________




                                                                                                  9
Public Hearing: Wednesday, December 3, 2008             3:00 p.m.
Bailiff: Susan Festag                                   EN BANC


                                  Proposed Changes to
                                   Water Court Rules




                                                               10
SUPREME COURT, STATE OF COLORADO                                                 8:45 a.m.
Oral Argument: Thursday, December 4, 2008                                        EN BANC
Bailiff: Michelle Smith


                                   Courts in the Community
                                    Boulder High School
                                     Boulder, Colorado


 07SC905 (1 HOUR)

 Petitioner/Cross-Respondent:                  )   For the Petitioner/Cross-Respondent:
                                               )   Mark L. Sabey
 Catholic Health Initiatives Colorado d/b/a    )   Kutak Rock LLP
 Villa Pueblo Towers,                          )
                                               )   For the Respondents/Cross-Petitioners:
 v.                                            )   Thomas E. Jagger
                                               )   Robert P. Jagger
 Respondents/Cross-Petitioners:                )
                                               )   For Amici Curiae Christian Schools
 City of Pueblo, Colorado, Department of       )   International, Azusa Pacific University,
 Finance; and Lara Barett as Director.         )   Bethesda Ministries, Christian Camp
                                               )   and Conference Association, Colorado
                                               )   Christian University, Compassion
                                               )   International, Cook Communications
                                               )   Ministries, Denver Rescue Mission,
                                               )   Focus on the Family, HCJB Global,
                                               )   International Students, Inc., The
                                               )   Catholic Foundation for the Roman
                                               )   Catholic Church in Northern Colorado,
                                               )   The Christian and Missionary Alliance,
                                               )   The Navigators, World Vision, Youth
                                               )   for Christ and YMCA of the Rockies:
                                               )   Stuart J. Lark
                                               )   Holme Roberts & Owen LLP
                                               )
                                               )   For Amicus Curiae The Catholic Health
                                               )   Association of the United States:
                                               )   Peter J. Krumholz
                                               )   Richard A. Westfall
                                               )   Hale Friesen LLP

Certiorari to the Colorado Court of Appeals, 05CA2432
Docketed: October 22, 2007
At Issue: November 17, 2008



                                                                    Cont’d on Next Page
                                                                                          11
                                                                     Cont’d from Previous Page

ISSUE(S):

Whether the court of appeals applied the proper test for religious activity.

Whether the test for religious activity applied by the court of appeals, with which Catholic
Health must comply continually to retain its tax exemption, and which the City of Pueblo must
apply in subsequent audits, is unconstitutional and creates an ongoing chilling and entangling
effect.

Whether the court of appeals erred in its interpretation and application of the City’s sales and use
tax exemption for religious organizations by applying a rule of broad and liberal construction
which has heretofore been limited to property tax exemptions under Colorado Constitution, art.
X, section 5.
______________________________________________________________________________




                                                                                                 12
 Oral Argument: Thursday, December 4, 2008                                             10:15 a.m.
                                                                                       EN BANC


 08SC10 (1 HOUR)

 Petitioner:                                      )   For the Petitioner:
                                                  )   John W. Suthers
 The People of The State of Colorado,             )   Attorney General
                                                  )   Paul Koehler
 v.                                               )   Assistant Attorney General
                                                  )
 Respondent:                                      )   For the Respondent:
                                                  )   Danyel S. Joffe
 Farrell Greenlee.                                )   The Joffe Law Firm



Certiorari to the Colorado Court of Appeals, 05CA1480
Docketed: January 7, 2008
At Issue: November 10, 2008


ISSUE(S):

Whether the court of appeals erred in holding that evidence of a defendant’s plan to shoot a
woman and then hide her body made two months before he shoots a woman and hides her body
is inadmissible as res gestae evidence at his murder trial.

Whether the court of appeals erred in not applying a plain error standard of review to the
admission of the witness’s testimony about defendant’s plan.

Whether admitting evidence erroneously under a res gestae theory, when it might have been
admissible under CRE 404(b), is reversible error.




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