Archuleta v. Gomez
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This adverse possession dispute between neighbors was appealed to the Supreme Court after a remand. The case below concerned legal interests in water and easement rights for three ditches diverting water from the Huerfano River. After conducting additional evidentiary proceedings as directed in the Court's first decision in this case, the water court found that Defendant Theodore Gomez had adversely possessed Plaintiff Ralph Archuleta's deeded legal interests in the Archuleta Ditch and Manzanares Ditch No. 1, but it also found that Gomez had not adversely possessed Archuleta's deeded legal interest in Manzanares Ditch No. 2. The water court ordered payment of costs in favor of Gomez but denied Gomez's request for a partial award of attorney fees. The water court enjoined Gomez from interfering with Archuleta's interest in Manzanares Ditch No. 2, and, in an order entered after the time for amending the water court's judgment had run, the water court provided additional details for the injunction, ordering Gomez to reconstruct Manzanares Ditch No. 2 across the northern part of Gomez’s lower parcel to Archuleta's property. Upon review of the case from remand, the Supreme Court affirmed the judgment of the water court in part, concluding that Gomez adversely possessed Archuleta's legal interests in the Archuleta Ditch and Manzanares Ditch No. 1. The Court reversed the water court's judgment in part, ordering it to enter an injunction for reconstruction of Manzanares Ditch No. 2 and an easement across the northern part of Gomez's lower parcel to Archuleta’s adjoining parcel, so that Archuleta will receive the flow of water his legal interest in this ditch entitles him to divert.
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