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 quantify historical deliveries or establish that the claimed acreage had actually been irrigated with the relevant portion of the water right, preventing the County from proving that the change would not injure other water users. Because the change was denied, the related exchange and augmentation-plan requests also failed.