JUDICIAL DEVELOPMENTS

August 2005

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Colorado Supreme Court Upholds Water Court’s Denial of Applicant’s Change Case for ‘Developed Water’ and Determination that Existing Decree Can Be Re-Opened to Examine Historic Nature and Use
Ready Mixed Concrete Company v. Farmers Reservoir and Irrigation Company, et.al., ___ P.3d ____

In this case, the applicant-appellant Ready Mixed Concrete Company (Ready Mixed) appealed from a judgment of the District Court, Water Division No. 1 denying its application to quantify and change the water right decreed to the McCanne Ditch from irrigation purposes to irrigation, augmentation and replacement purposes.