In the matter of the application for water rights of the Board of County Commissioners of the County of Arapahoe, in Gunnison County. The Board of County Commissioners of the County of Arapahoe, applicant-appellant/cross-appellee, v. United States of Amer

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Title

In the matter of the application for water rights of the Board of County Commissioners of the County of Arapahoe, in Gunnison County. The Board of County Commissioners of the County of Arapahoe, applicant-appellant/cross-appellee, v. United States of America; Crystal Creek Homeowners Association and Ernest H. Cockrell; Colorado Wildlife Federation, Gunnison Angling Society, High Country Citizens' Alliance, National Wildlife Federation, Rainbow Services, Inc. and Western Colorado Congress; and Upper Gunnison River Water Conservancy District and Board of County Commissioners of Gunnison County, Colorado, objector-appellees/cross-appellants, v. Colorado River Water Conservation District; Henry J. Berryhill, Jr.; City of Delta; City of Montrose; City of Grand Junction; City of Gunnison; Tri-State Generation and Transmission Association, Inc. Crested Butte Water and Sanitation District; Perkins D. Sams; East River at Almont Property Owners Association; Gunnison County Electric Association; Murdie Homeowners' Association, Inc.; Mr. and Mrs. Charles Reeder; Vrigil and Lee Spann Ranches, Inc.; State Engineer; State Board of Land Commissioners; Three Rivers Resort, Inc.; Uncompahgre Valley Water Users Association; Joseph P. Vader, Raymond P. Van Tuyl, Charles Richard Collard, Thomas E. Collard and Taylor Park Pool Association; and Wapiti Canyon Ranch, Ltd., objector-appellees, and Keith Kepler, Division Engineer, Water Division 4, appellee pursuant to C.A.R. 1(e) : no. 92SA68

Year

1995

Type

Litigation

Publisher

West Pub. Co.

Place

St. Paul

Summary

Case summary: Supreme Court of Colorado held the National Energy Resources Company (NECO) did not form the requisite intent to appropriate water prior to applying for conditional water right decree, thus making the water right application that was subsequently purchased by the Board of County Commissioners for Arapahoe County speculative. The Supreme Court also held the trial court was not required to consider environmental factors in determining whether Arapahoe County proved the water would be put to good use.

Permanent URL

http://hdl.handle.net/10974/178