FEATURE ARTICLE

December 2006

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Colorado Supreme Court Expands on the ‘Can and Will’ Doctrine in Canceling Major Storage Conditional Water Rights

In the case, Natural Energy Resources Company v. Upper Gunnison River Water Conservancy District, 142 P.3d 1265 (Colo. 2006), applicant/appellant Natural Energy Resources Company (NECO) sought a finding of reasonable diligence for its conditional storage water rights in the proposed Union Park Reservoir.