In the matter of the Application for Water Rights of the King Consolidated Ditch Company, Morrison C — Rice, J…

Summary

Justice Rice dissented from the majority's conclusion that the Ditch Companies' declaratory review of previously adjudicated water rights qualified for the Water Right Determination and Administration Act's resume-notice procedures. The dissent would have required ordinary service of process and mandatory joinder because the requested review did not constitute a new determination of a water right and could affect existing rights without adequate notice. Justice Rice, joined by Justices Coats and Eid, would have treated the water court's resulting adjudication as void.