JUDICIAL DEVELOPMENTS

August 2006

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Colorado Court of Appeals Denies District Court Jurisdiction for Claims of Adverse Possession of Water Rights
Archuleta v. Gomez

In this opinion, the Colorado Court of Appeals examined whether state District Courts have jurisdiction to decide whether water rights have been adversely possessed, when such decision hinges on the legal right to use water. The Court of Appeals concluded that District Courts do not have jurisdiction to terminate a water right or award a water right to another based on beneficial use of the water. Under Colorado law, determining who has the legal right to use water is within the exclusive jurisdiction of the water courts.