Widefield Water & Sanitation District v. Witte
2014 Colo. LEXIS 1084
| Colo. | 2014Background
- Original Decree (1896) for Bell Ditches irrigated specific acres on the H20 Ranch totaling 350 acres (the Original Acres).
- 1977 Decree (Case W-4321) enlarged historically irrigated acres to 462 acres on the Ranch (the Enlarged Acres).
- 1977 Decree never fully took effect; conditions were not satisfied, and it was vacated by the 1996 Decree.
- 1996 Decree vacated the 1977 Decree and limited Mountain Cliffe’s interests to lands historically irrigated prior to the 1977 Decree.
- 2007 Applicants Widefield Water and Sanitation District and the City of Fountain acquired the Ranch and portions of the original water rights (Alleged rights: Bell Ditch No.1, No.2, and Priority No.114).
- Applicants proposed to change the water rights to municipal use and conducted an HCU analysis on the Enlarged Acres, not the Original Acres.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May HCU analysis be based on Enlarged Acres beyond the decree? | Widefield/City argue Enlarged Acres are historically irrigated, thus permissible. | Engineers/Water Court say analysis must be limited to Original Acres actually decreed. | HCU analysis must be confined to Original Acres; Enlarged Acres not permissible. |
| Does issue preclusion apply to preclude the water court’s findings on HCU? | 1977 and 1996 decrees contain historical-use findings that should bind the court. | No preclusion because 1996 vacated 1977 and did not establish new HCU findings. | Issue preclusion does not apply. |
Key Cases Cited
- Burlington Ditch Reservoir & Land Co. v. Metro Wastewater Reclamation Dist., 256 P.3d 645 (Colo.2011) (no injury and HCU analysis guided by historical use under decreed rights)
- Jones Ditch, 147 P.3d 9 (Colo.2006) (historic use limited to lands actually decreed; enlargement requires decree)
- V Bar Ranch LLC v. Cotten, 233 P.3d 1200 (Colo.2010) (water for one parcel cannot be applied to new lands without decree)
- Santa Fe Trail Ranches Prop. Owners Ass'n v. Simpson, 990 P.2d 46 (Colo.1999) (undecreed change cannot be basis for determining consumptive use)
- Farmers High Line Canal & Reservoir Co. v. City of Golden, 975 P.2d 189 (Colo.1999) (pre-1969 expansions of rights treated cautiously; require lawful enlargement)