St. Jude's Co. v. Roaring Fork Club, L.L.C.

2015 CO 51, 351 P.3d 442 (2015)

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St. Jude’s Co. v. Roaring Fork Club, L.L.C.

Colorado Supreme Court
2015 CO 51, 351 P.3d 442 (2015)

Facts

The Roaring Fork Club, L.L.C. (the club) (defendant), a private golf, fishing, and residential club, applied to a Colorado water court to allow the club to establish appropriative water rights by diverting water from Roaring Creek to a ditch on the club’s property for fly-fishing, recreational, and aesthetic purposes to support the club’s resort operations. The club was not specific as to the extent the diverted water would be used, but the use would be on the club’s property. St. Jude’s Co. (plaintiff), an agricultural operation, opposed the club’s application and filed a separate action with the water court that sought to block the club’s water diversion and proposed appropriative water rights and other relief. The water court consolidated the club’s application and St. Jude’s action and then ruled in favor of the club. St. Jude’s made a direct appeal to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Coats, J.)

Dissent (Marquez, J.)

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