Concerning the Application for Water Rights of Sedalia Water and Sanitation District in Douglas County, Dick Wolfe…

Summary

The court held that issue preclusion bars relitigation of the historical beneficial consumptive use quantified in the prior change decree, but does not bar inquiry into alleged post-decree nonuse. Because prolonged unjustified nonuse may constitute a changed circumstance affecting the representative period used to calculate consumptive use, the court affirmed in part, reversed in part, and remanded for further proceedings. The court did not require automatic requantification in every successive change proceeding or treat the prior quantification as immutable.