East Cherry Creek Valley v. WolfeAnnotate this Case
At issue in this case was a change-of-water-rights application filed by East Cherry Creek Valley Water & Sanitation District and the Colorado Water Network, Inc. (collectively, East Cherry Creek). East Cherry Creek submitted its application involving shares it owned in the Greeley Irrigation Company (GIC) for use in its water system. The "Poudre Prairie Decree" used a ditch-wide analysis for calculating the amount of historical consumptive use ascribable to each GIC share. East Cherry Creek asserted its ability to use the same Poudre Prairie pro-rata allocation of consumptive use water to its shares as occurred for previously changed shares in the ditch system. The water court denied East Cherry Creek's C.R.C.P. 56(h) motion. East Cherry Creek then sought an order entering the denial as a final judgment. The State and Division Engineers opposed the motion, but was overruled. East Cherry Creek then appealed its Rule 56(h) motion denial (raising three issues), and the Engineers cross-appealed (raising two issues). The Supreme Court agreed with the Engineers: that the trial court did not enter a final judgment on any claim for relief in this litigation. The water court's certification order was reversed, the appeal dismissed, and the case remanded for further proceedings at the water court.