Concerning the Application for Water Rights of Upper Yampa Water Conservancy District in the Yampa River or its…

Summary

The court affirmed summary judgment denying the District's application to make remaining conditional storage rights absolute. It held that perfection requires proof of actual storage, actual beneficial use of a specific quantity, and quantifiable appropriation beyond the District's existing absolute storage rights. The court also held that the District must exhaust its absolute rights before it can perfect conditional rights.