Concerning the Application for Water Rights of County of Boulder in Boulder County County of Boulder, a Body…

Summary

The court affirmed dismissal of Boulder County’s application because the County failed to prove the historical consumptive use of the water right it sought to change. The County’s evidence did not reliably establish either the quantity of water historically delivered to the Bailey Farm or that the claimed 101 acres were irrigated with the specific water right at issue, so the County could not show that the change would avoid injury to other users. Because the proposed exchange depended on the rejected change of use, its denial was also affirmed. Justice Coats, joined by Justice Eid, concurred only in the judgment and would have affirmed based on deference to the water court’s factual findings rather than the majority’s broader analysis.