Nelson v. BrooksAnnotate this Case
This case involved a dispute over the water rights to a well (“disputed well”). In 1982, Carl Kambich filed a statement of claim for existing water rights. In 1990, Kambich filed a notice of transfer of water right to Randall and Ila Mae Brooks. The current Water Court case involved the claim originally filed by Kambich and amended by the Brooks. Ernest Nelson objected to the claim, arguing that he was the owner of the disputed well. After a hearing, the Water Master found that the claim belonged to the Brooks and that, although Nelson had presented some valid questions regarding the history of the well, he had failed to overcome the prima facie proof in the statement of claim. The Water Court dismissed Nelson’s objections to the water rights claim by the Brooks. The Supreme Court affirmed the Water Court’s order, holding that the Brooks’ well claim was valid.