City of Denver v. Northern Colorado Water Conservancy District

130 Colo. 375, 276 P.2d 992 (1954)

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City of Denver v. Northern Colorado Water Conservancy District

Colorado Supreme Court
130 Colo. 375, 276 P.2d 992 (1954)

Facts

The City of Denver (the city) (plaintiff) began exploring water sources for anticipated growth from nearby rivers, tributaries, and slope headwaters. The investigation began in 1914 with the western slope of the Continental Divide, followed by engineering analysis of the Fraser River and Williams Fork River in 1921 and the Blue River in 1922. The studies continued over an extended period, with plans on how to approach the diversion of water changing as more was learned about the water sources. Work on a tunnel for water diversion from the Blue started in 1946, well after the start of work on the Fraser and Williams Fork diversion construction. The city obtained appropriative water rights regarding the Fraser and Williams Fork. The city brought an action seeking appropriative water rights on the Blue, with a priority date of 1927 based on an initial plan regarding the tunnel. The Northern Colorado Water Conservancy District (the district) (defendant) opposed the claim and sought its own rights for a storage reservoir further down the river with a 1937 priority date. The district court gave the district priority with a 1937 date, whereas the city received a priority date of 1946. The city appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Stone, C.J.)

Dissent (Moore, J.)

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