Jesse Lloyd Reynolds; Stella Jenine Reynolds; Jesse Lloyd Reynolds and Stella Jenine Reynolds, as Co-Trustees Of…

Summary

The court held that the ditch owners were not collaterally estopped from litigating whether their appropriative rights to non-drain native water in La Jara Creek had been extinguished or merely subordinated. The prior declaratory judgment determined the parties' relative priorities concerning drain water but did not expressly or necessarily determine the asserted non-drain-water issue. The court therefore reversed summary judgment and remanded for further proceedings.