In the Matter of the Application for Water Rights of the Mike and Jim Kruse Partnership in Saguache County. Mike And…

Summary

The court held that the 1933 decree unambiguously excluded La Garita Creek water conveyed through the siphon from the sources decreed to the ditch. The decree’s language, priority structure, and the materials from the original proceedings did not establish ambiguity, so the water court erred by relying on a 1936 photograph and other later extrinsic evidence to find that the decree included the siphon water. The court reversed and remanded for further proceedings consistent with its opinion.