Catherine Boyer LoPRESTI and Peter LoPresti, Applicants-Appellants and City of Fountain and Widefield Water and…

Summary

The court reversed the water court's order declaring the Beardsley Decree void. It held that the decree's plain language created a valid rotational no-call agreement limited to the water rights decreed to the Four Ditches, rather than authorizing a change in water rights, an improper water loan, or diversion beyond the decreed quantities. The court also held that the unusually delayed Rule 54(b) certification was permissible under the circumstances. Brandenburg's request for attorney's fees was denied.