City of Thornton v. Bijou Irrigation Co.

926 P.2d 1 (1996)

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City of Thornton v. Bijou Irrigation Co.

Colorado Supreme Court
926 P.2d 1 (1996)

Facts

The City of Thornton (the city) (plaintiff) anticipated growth in area and population and applied to the district court’s water division (the water court) for new conditional water rights to support a long-term project designed to meet coming needs. The city had taken steps to move forward with the project, including substantial studies, planning, and coordination with other government entities, but acquiring water rights was a critical step without which the anticipated expanding population would not have sufficient water. The application drew many objections, including from lead defendant Bijou Irrigation Co. (collectively, the objectors) (defendants), which complained that the proposed new appropriation was purely speculative and violated Colorado’s antispeculation doctrine applicable to future water rights. The water court determined that the city had taken adequate first steps to support the project and granted the conditional water rights. The objectors appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Lohr, J.)

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