Ralph L. Archuleta, as Trustee of the Ralph L. Archuleta Living Trust, Plaintiff-Appellant/cross-Appellee V…

Summary

The court affirmed the finding that Gomez acquired Archuleta's interests in the Archuleta Ditch and Manzanares Ditch No. 1 through adverse possession because the evidence showed the required hostile, exclusive, continuous, and beneficial use without enlarging the historical consumptive-use entitlement. It held that Gomez had not adversely possessed the interest in Manzanares Ditch No. 2 and that his severance of that ditch and increased use of its water required a mandatory injunction restoring the ditch and easement. The court also upheld the award of costs to Gomez and the denial of attorney fees.