The People of the State of Colorado, ex rel. the State Engineer for the State of Colorado, and the Division Engineer…

Summary

The court affirmed the water court’s finding that Sease violated a permanent injunction barring unauthorized activity affecting Sheep Creek and upheld both punitive and remedial contempt sanctions. It held that the record, including Sease’s repeated admissions and prior orders, sufficiently established his ownership of the ranch and supported the inference that he performed or authorized the prohibited work. The court also held that the water court did not improperly shift the burden of proof by considering the absence of evidence that someone else performed the work without Sease’s authorization.