Mark Anderson, Applicant-Appellant v. Richard Pursell; Henry R. Sebesta and Mary M. Sebesta Revocable Trust; and C &…

Summary

The court affirmed the awards of fees and costs associated with the Final Decree and Anderson's Motion to Enforce, holding that Pursell was the prevailing party under the Water Agreement and that the enforcement motion lacked substantial justification. It held that the water court could consider Pursell's untimely fee motion and properly calculated the fee awards. The court reversed the awards for defending Anderson's abandoned appeal and for litigating the fee issue itself, and remanded for recalculation and entry of a consistent judgment.