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High Plains A & M, LLC v. Southeastern Colorado Water Conservancy District

Colorado Supreme Court
120 P.3d 710 (2005)

Written by Oni Harton, JD

Facts

High Plains A & M, LLC (High Plains) (plaintiff) applied for a change-of-water-right. High Plains wanted to put the water to any number of uses. However, the change-of-water-right application did not identify any municipal entity with which High Plains had an agreement for the actual beneficial use of the water. The change-of-water-right application also failed to identify any parcel for the water to be served under the change decree. Objectors to the applications, including Southeastern Colorado Water Conservancy District (defendant), argued that the permits violated Colorado’s anti-speculation doctrine. The objectors filed a motion for summary judgment. The water court found that the applications violated Colorado’s anti-speculation doctrine. The water court granted the objectors’ motion for summary judgment. Accordingly, the water court dismissed the applications. High Plains appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hobbs, J.)

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