[DOWNLOAD] "Concerning Application For Water Rights Of Purgatoire River Water Conservancy District V. Witte" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Concerning Application For Water Rights Of Purgatoire River Water Conservancy District V. Witte
- Author : Colorado Supreme Court
- Release Date : January 27, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
This appeal arises out of an application filed by Purgatoire River Water Conservancy District (Purgatoire) for a determination of a water right for storage in the Silt Control Section of Trinidad Reservoir.*fn1 The District Court for Water Division 2 (water court) held trial on the application on April 21, 1992, at which time certain parties opposing Purgatoire's application moved to limit the evidence that Purgatoire could present as proof that it created this absolute water right.*fn2 The water court granted the motion on the basis that it had been determined in previous judicial proceedings that Purgatoire had abandoned a conditional water right for storage in the reservoir and the conditional right had the same date of appropriation as the right Purgatoire was asserting in its present application. Concluding that Purgatoire could not rely on an appropriation date of an abandoned conditional water right to establish a new water right, the water court ruled that it would not consider evidence of an appropriation prior to May 1, 1989, the date on which Purgatoire was deemed to have abandoned its earlier conditional water right. Because Purgatoire could produce no evidence of facts occurring after that date to prove a new appropriation, the court ordered that the application for a determination of a water right be dismissed. We conclude that the water court properly limited the evidence that Purgatoire could present to events that occurred after the conditional water right was abandoned, and therefore affirm the judgment of the water court dismissing Purgatoire's application.