St. Jude's Co. and Reno Cerise, Plaintiffs-Appellants v. Roaring Fork Club, L.L.C.; Basalt Water Conservancy…

Summary

The court reversed the decree awarding the Club new appropriative rights because the Club failed to demonstrate that its diversion for private aesthetic, recreational, and piscatorial enjoyment constituted an application of water to beneficial use. It affirmed the water court's rulings construing the parties' agreements, allocating ownership of disputed water rights, excluding late disclosures, and awarding attorney fees. The matter was remanded to determine the amount of appellate attorney fees recoverable under the release agreement.