East Cherry Creek Valley v. WolfeAnnotate this Case
At issue in this appeal was a change of water rights filed by applicants East Cherry Creek Valley Water and Sanitation District and Colorado Water Network, Inc. (collectively, East Cherry Creek). East Cherry Creek submitted an application for change of water right involving shares it owned in the Greeley Irrigation Company (GIC) for use in its system. The Poudre Prairie Decree employed a ditch-wide analysis for calculating the amount of historical consumptive use ascribable to each GIC share. Subsequent decrees relied on the ditch-wide historical consumptive use determination made in the Poudre Decree. In making its application, East Cherry Creek asserted its ability to use the same Poudre pro-rata allocation of consumptive use water to its shares as occurred for previously changed shares in the ditch system. East Cherry Creek sought an order from the water court entering the court's denial of its Rule 56(h) motion as a final judgment, and the State and Division Engineers opposed the motion. The order was made final, and East Cherry Creek appealed denial of its Rule 54(b) motion to the Supreme Court. After review, the Court agreed with the Engineers that the water court's order did not constitute a final judgment on any claim for relief in the underlying change case. Accordingly, the Supreme Court reversed the trial court's certification order, dismissed the appeal, and remanded the case for further proceedings.