In Re Northern Integrated Supply Project Water Activity Enterprise, a government-owned business organized pursuant to C.R.S. §§ 37-45.1-101 et seq v. VIMA Partners, LLC, a Colorado limited liability company; City of Thornton, a Colorado home rule municipality; DCP Midstream, LP, a Delaware limited partnership; WES DJ Gathering LLC f/k/a Kerr-McGee Gathering LLC, a Colorado limited liability company; and Brigitte C. Grimm, in her official capacity as Weld County Treasurer, Respondents:

── In Re Northern Integrated Supply Project Water Activity Enterprise, a government-owned business organized pursuant to C.R.S. §§ 37-45.1-101 et seq v. VIMA Partners, LLC, a Colorado limited liability company; City of Thornton, a Colorado home rule municipality; DCP Midstream, LP, a Delaware limited partnership; WES DJ Gathering LLC f/k/a Kerr-McGee Gathering LLC, a Colorado limited liability company; and Brigitte C. Grimm, in her official capacity as Weld County Treasurer, Respondents: ── Court: Supreme Court of Colorado Date: May 04, 2026 Category: General 1 2026 CO 29 In Re Northern Integrated Supply Project Water Activity Enterprise, a government-owned business organized pursuant to C.R.S. §§ 37-45.1-101 et seq, Petitioner v. VIMA Partners, LLC, a Colorado limited liability company; City of Thornton, a Colorado home rule municipality; DCP Midstream, LP, a Delaware limited partnership; WES DJ Gathering LLC f/k/a Kerr-McGee Gathering LLC, a Colorado limited liability company; and Brigitte C. Grimm, in her official capacity as Weld County Treasurer, Respondents: No. 25SA305 Supreme Court of Colorado, En Banc May 4, 2026 2           Original Proceeding Pursuant to C.A.R. 21 Weld County District Court Case No. 24CV30952 Honorable Kimberly Schutt, Judge. 3           Attorneys for Petitioner: Trout Raley, Michael A. Kopp, William Davis Wert           Attorneys for Respondent VIMA Partners, LLC: Womble Bond Dickinson (US) LLP 4          Daniel C. Wennogle, Kendra N. Beckwith.           Attorneys for Respondent City of Thornton: Thornton City Attorney's Office, Diana Fantano Hoffman, Senior Assistant City Attorney, Megan Christensen, Senior Assistant City Attorney.           Attorneys for Amicus Curiae Colorado Water Congress: Jewell Jimmerson Natural Resources Law, LLC April D. Hendricks Peter D. Jaacks           Attorneys for Amicus Curiae Southeastern Colorado Water Conservancy District: Jewell Jimmerson Natural Resources Law, LLC, April D. Hendricks, Peter D. Jaacks.           Attorneys for Amici Curiae Ute Water Conservancy District and Ute Water Activity Enterprise: Balcomb &Green, P.C. Christopher L. Geiger           No appearance on behalf of: DCP Midstream, LP; WES DJ Gathering LLC f/k/ a Kerr-McGee Gathering LLC; and Brigitte C. Grimm, in her official capacity as Weld County Treasurer.           JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE MARQUEZ, JUSTICE BOATRIGHT, JUSTICE HOOD, JUSTICE SAMOUR, JUSTICE BERKENKOTTER, and JUSTICE BLANCO joined. 5           ORDER DISCHARGED           GABRIEL, JUSTICE.          ¶1 In this C.A.R. 21 proceeding brought by a private landowner, VIMA Partners, LLC, we issued an order to show cause to consider whether a water activity enterprise formed under sections 37-45.1-101 to -107, C.R.S. (2025), has the authority to bring an eminent domain proceeding against a private property owner.[1] We now conclude that pursuant to the express terms of section 37-45.1-103(4), C.R.S. (2025), and section 37-45-118(1)(c), C.R.S. (2025), a water activity enterprise has the power to condemn private property in relation to water activities. We thus further conclude that, here, Northern Integrated Supply Project Water Activity Enterprise ("NISP Enterprise") has the authority to condemn easements on VIMA Partners' land to survey, locate, construct, operate, and maintain pipelines and related infrastructure for its water delivery project because that work relates to water activities as defined by statute.          ¶2 Accordingly, we discharge our order to show cause and remand this case to the district court for further proceedings consistent with this opinion. 6          I. Facts and Procedural History          ¶3 In October 2024, NISP Enterprise, a business wholly owned by the Northern Colorado Water Conservancy District ("Northern Water"), filed a petition in condemnation in the Weld County District Court seeking to acquire permanent and temporary construction easements on a parcel of land owned by VIMA Partners. According to NISP Enterprise, the easements are required for the surveying, locating, construction, operation, and maintenance of water delivery pipelines and related infrastructure as part of a regional water supply and distribution project called the Northern Integrated Supply Project ("NISP"). The NISP seeks to provide 40,000 acre-feet annually o