Stonewall Estates v. CF&I STEEL CORP.

The water court 1 set aside a prior judgment and decree awarding absolute and conditional rights to non-tributary underground water for the reason that it lacked jurisdiction. The determination of lack of jurisdiction was based upon the fact that the notice given by resume was defective in that it failed to specify that the water involved was claimed to be non-tributary. We affirm.

The appellant Stonewall Estates is the successor in interest to John W. Mecom, who was the original applicant for the subject water rights. Stonewall Estates and Mecom are referred to here as the applicant. On April…