(DOWNLOAD) "Southeastern Colorado Water Conservancy District V. O''neill" by Colorado Supreme Court " eBook PDF Kindle ePub Free

eBook details

Title: Southeastern Colorado Water Conservancy District V. O''neill
Author : Colorado Supreme Court
Release Date : January 16, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 77 KB

Description

This case is a sequel to our decision in Southeastern Colorado Water Conservancy District v. Twin Lakes Associates, Inc., 770 P.2d 1231 (Colo. 1989). In that decision we affirmed a judgment of the water court which determined that six water rights decreed in 1912 to three ditches had been abandoned, and which canceled the water rights and permanently enjoined any future diversions from the three ditches based on the canceled water rights. Following our decision, Dennis O'Neill, the President and Chair of the Board of Directors and principal owner of Twin Lakes Associates, Inc. (hereinafter collectively referred to as O'Neill), filed a C.R.C.P. 60(b)(5) motion in the water court seeking relief from that part of the judgment which determined the water rights on the Cache Creek Ditch, one of the three ditches involved in the prior litigation, to have been abandoned.*fn1 O'Neill's motion alleged that newly discovered evidence demonstrated the continued use of the Cache Creek Ditch water rights and that, therefore, evidence of nonuse on which the water court relied in the prior litigation was insufficient to support the prior determination of abandonment. The water court denied the motion and O'Neill has appealed to this court.*fn2 We affirm the judgment.