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 available, in-priority conditional water rights to perfect first when the rights are available at the same structure for the same place and beneficial uses, absent waste, hoarding, or injury to other users. The Authority therefore could attribute its diversion to the junior conditional right, but must accept the consequences of that choice and later establish additional need before perfecting the senior right. The court reversed the water court and remanded with instructions to make the specified portion of the junior right absolute.