July 18, 2019

Colorado Supreme Court: Broomfield Meets Burden for Change in Use of Certain Water Rights

The Colorado Supreme Court issued its opinion in City and County of Broomfield v. Farmers Reservoir and Irrigation Company on June 28, 2010.

Appropriation of Water Rights—Change in Use of Water—Appellate Review.

The Supreme Court affirmed the water court’s determination that the application by the City and County of Broomfield (Broomfield) for a change in the use of certain water rights would not injuriously affect the water rights of others. The Farmers Reservoir and Irrigation Company (FRICO) alleged that the water court erred by disregarding tables and calculations FRICO submitted after trial. The water court held that these submissions constituted new evidence because they were neither presented at trial nor subjected to cross-examination.

The Court deferred to the water court’s finding that these submissions constituted new evidence. Reviewing the evidence offered at trial, the Court held that the record supports the trial court’s finding that Broomfield met its burden of proving that no injury would result from its application. The Court declined to review the water court’s holding regarding accretions to a net-losing ditch, because FRICO did not present adequate grounds for review.

Summary and full case available here.

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