Concerning the Application for Water Rights of Farmers Reservoir and Irrigation Company Burlington Ditch, Reservoir…

Summary

The court affirmed the water court's judgment that the parties' settlement agreement was a valid no-call agreement rather than a subordination agreement or an undecreed change in water rights. It held that the agreement did not violate the one-fill rule on its face or in operation, and that Englewood bore the burden of proving injury without the benefit of a presumption. The court also upheld the water court's evidentiary rulings, factual finding of no injury, and conclusion that the parties' stipulation protected junior appropriators.