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 portfolio owner may choose which of its available, in-priority conditional rights to use first and make absolute when there is no waste, hoarding, mischief, or injury to other users. The court rejected applying a seniors-first policy to force attribution to the senior conditional right, concluding that the owner must live with its selection and may later use the senior right only by demonstrating additional need. The court reversed and remanded with instructions to make absolute the specified portion of the junior right.