Concerning the Application of Busk-Ivanhoe, Inc., a Colorado Corporat — Rice, J., concurring in part and dissenting…

Summary

Justice Rice concurred in part and dissented in part from the court's disposition. She would have upheld the water court's conclusions that eastern-slope storage was within the original appropriation, that water used to pay storage fees could be included in historic consumptive use, and that the storage did not enlarge the water right; she agreed that undecreed-use years should not automatically be excluded from the representative study period. Justice Hood joined the separate opinion.