Concerning the Application for Water Rights of Sedalia Water and Sanitation District in Douglas County: Wolfe, P.E…

Summary

The court held that issue preclusion bars relitigation of the historical beneficial consumptive use quantified in the prior change decree through 1986. It further held that preclusion does not bar an inquiry into alleged post-1986 nonuse, which may constitute a changed circumstance warranting selection of a revised representative period for calculating consumptive use. The court therefore affirmed in part, reversed in part, and remanded for further proceedings.