East Twin Lakes Ditches & Water Works, Inc. v. Board of County Commissioners

76 P.3d 918 (2003)

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East Twin Lakes Ditches & Water Works, Inc. v. Board of County Commissioners

Colorado Supreme Court
76 P.3d 918 (2003)

Facts

The Lake County Board of County Commissioners (Lake County) (defendant) and its predecessors owned a water right in Derry Ditch No. 1. The Derry Ditch No. 1 water rights had not been applied to beneficial use for approximately 30 years. East Twin Lakes Ditches and Water Works, Inc. (ETLD) (plaintiff) filed suit seeking a declaratory judgment that the water right in the Derry Ditch No. 1 had been abandoned. Lake County contended that though the water rights had not been used for decades, Lake County (and its predecessors) had no intent to abandon the water right in the Derry Ditch No. 1. But Lake County insisted that neither it nor its predecessors intended to abandon the water right. Lake County argued that the predecessors and Lake County took numerous actions inconsistent with an intent to abandon. The water court held that Lake County did not abandon the water right in the Derry Ditch No. 1. ETLD appealed the water court’s decision.

Rule of Law

Issue

Holding and Reasoning (Rice, J.)

Dissent (Hobbs, J.)

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