East Cherry Creek Valley v. Wolfe.Concerning the Application for Water Rights of East Cherry Creek Valley Water and…

Summary

The court held that it lacked jurisdiction over the appeal because the water court's certification under C.R.C.P. 54(b) did not resolve an entire claim for relief or finally dispose of the change-of-water-right application. The rulings concerning the preclusive effect of a prior ditch-wide quantification and the burden of proving changed circumstances addressed affirmative-defense and issue-related matters within the single change application, while factual issues concerning water quantity and injury remained for trial. The court reversed the certification order, dismissed the appeal, and returned the matter for further proceedings.