Supreme Court of Colorado
Cherokee Metropolitan District, Applicant-Appellant v. Upper Black Squirrel Creek Designated Ground — Coats, J…
February 7, 2011247 P.3d 567
Summary
Justice Coats dissented from the majority's conclusion that Cherokee's failure to meet the stipulated two-year filing requirement abandoned its conditional groundwater rights and priority date. He would construe the stipulation as accelerating the time for seeking judicial confirmation of completed appropriations, while preserving statutory protections requiring notice before cancellation. Justice Coats, joined by Justices Eid and Marquez, would reject the majority's inference of abandonment from the stipulation's silence.