Colorado Supreme Court: Water Right Nonuse Defined By Decreed Diversion Point
Mealey's (June 17, 2015, 1:48 PM EDT) -- DENVER — The Colorado Supreme Court on March 16 reversed a lower court ruling in a water right nonuse case, saying nonuse is defined by water used at a decreed diversion point, not whether the water is used via another diversion point (Dick Wolfe, et al. v. Jim Hutton Educational Foundation, No. 14SA38, Colo. Sup.; 2015 Colo. LEXIS 199).
(Opinion available. Document #95-150409-002Z.)
In 2010, the Colorado state and Division 1 engineers added the Tip Jack water right, owned by the Jim Hutton Educational Foundation, to...