Byers Peak Properties, LLC, a Colorado limited liability company; Byers Peak Downhill Properties, LLC, a Colorado…

Summary

The court held that the plaintiffs lacked standing to pursue a declaratory waste claim because the governing waste statute does not create a private right of action. It also held that related statutes did not apply to injuries from irrigation runoff or flooding, depriving the water court of ancillary jurisdiction over the plaintiffs' related trespass and nuisance claims and requiring dismissal of those claims and vacatur of the operational injunction. The court affirmed the water court's refusal to quantify the plaintiffs' Lower Gaskill Ditch easement because that issue was raised only after trial, and declined to review the Spur Road issue because no claim of error was presented.