Burlington Ditch, Reservoir & Land Co. v. Englewood
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Burlington Ditch, Reservoir & Land Company (Burlington) and Farmers Reservoir and Irrigation Company (FRICO) filed applications to change its 1885, 1908 and 1909 water rights. The changes to Burlington and FRICO's rights were precipitated by a new water supply project by the United Water & Sanitation District (United) and East Cherry Creek Valley Water & Sanitation District (ECCV). Approximately fifty parties argued for their particular interests in relation to Burlington and FRICO's applications. The water court imposed conditions on Burlington and FRICO's historic water rights to prevent injury to all other interested parties' rights. On appeal to the Supreme Court, Burlington, FRICO, United and ECCV challenged the water court's order regarding its determination of the historical consumptive use of the water rights. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court affirmed the water court's decision.
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