JUDICIAL DEVELOPMENTS

October 2003

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Colorado Supreme Court Reverses Award of Attorney Fees in Voluntary Dismissal of Water Right Applications When Dismissal Was With Prejudice
Groundwater Appropriators of the South Platte River Basin, Inc. v. The City of Boulder

In a decision filed June 30, 2003, the Colorado Supreme Court reaffirmed that attorney fees are not to be imposed as a condition of a dismissal with prejudice of conditional water right claims, in the absence of a finding of bad faith.