Concerning the Application for Water Rights of the Upper Eagle Regional Water Authority in the Eagle River in Eagle…

Summary

The court held that a water-rights owner may choose which of its in-priority conditional rights to perfect first when the rights are available at the same structure for the same uses, absent waste, hoarding, or injury to other users. The court further held that the engineers may account for free-river diversions but could not apply a seniors-first policy to compel attribution to the senior conditional right. The judgment was reversed and remanded with instructions to make absolute the specified portion of the junior right.