Concerning the Application for Water Rights of East Cherry Creek Valley Water and Sanitation District and Colorado…

Summary

The court held that it lacked jurisdiction over the appeal because the water court's Rule 54(b) certification did not resolve an entire claim for relief. The rulings concerning the preclusive effect of an earlier water-use quantification and the burden concerning changed circumstances addressed affirmative defenses or issues within a single pending change-of-water-right claim, while factual questions about available consumptive use and injury conditions remained unresolved. The court reversed the certification order, dismissed the appeal, and returned the matter for further proceedings.