Burlington Ditch Reservoir and Land Company Farmers Reservoir and Irrigation Company United Water and Sanitation…

Summary

The court affirmed the water court’s decree limiting the historical consumptive use of the Burlington and FRICO water rights and imposing conditions on their changed uses and diversion structures. It held that the rights had been unlawfully enlarged through expanded irrigation below Barr Lake, that undecreed seepage and diversion sources could not generate consumptive-use credit, and that prior decrees did not preclude the system-wide analysis. The court also upheld the treatment of the Metro Pumps and Globeville Project as undecreed or changed diversion structures subject to no-injury conditions.