County of Boulder v. Boulder and Weld County Ditch Co

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 analysis did not reliably establish the quantity of water historically delivered or that the claimed acreage was irrigated with the relevant water right, preventing the County from showing that the proposed change would not injure other users. Because the proposed exchange depended on the denied change of use and was not independently sufficient, its denial was also affirmed.