JUDICIAL DEVELOPMENTS

February 2006

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Colorado Water Court Finds It Could Not Determine whether Selective Subordination Would Occur—Retains Jurisdiction over Issue
In Re Application for the Eagle Park Reservoir Company

As discussed previously in the article entitled “Water Diversions, Water Rights Selective Subordination Issues in Water Court Litigation Move to the Colorado Supreme Court,” (9 West. Water L. & Pol’y Rptr. 357 (Oct. 2005)), Water Courts for Water Division Nos. 1 and 5 have recently handed down conflicting decisions regarding the public notice required to include a “selective subordination” within a water decree.