Supreme Court of Colorado

v. People

June 8, 20202020 CO 50

Summary

The court affirmed the water court’s certification of its summary judgment orders under C.R.C.P. 54(b), holding that the appeal was properly before it. It also affirmed summary judgment for the Engineers and partial summary judgment for the water district, concluding that the agreement required replacement only for evaporative losses and did not authorize refilling the ponds, so Jacobs violated the administrative order. The court upheld the daily civil penalties and ruled that both prevailing appellees were entitled to reasonable appellate attorney fees, remanding only for determination of the fee amount.