Board of County Commissioners v. Collard

The plaintiff, Board of County Commissioners of the County of Arapahoe (Arapahoe), challenged the validity of a 1974 decree of absolute water rights granted by the district court, Water Division 4, in Case No. W-1987 (W-1987 decree or 1974 court) to defendants or their predecessors in interest (appropriators). The 1991 court 1 granted the appropriators’ motion to dismiss, which it treated as a summary judgment motion, and denied Arapahoe’s request for summary judgment. In making its determination, the 1991 court found that the resume notice for those water rights granted by the W-1987 decree…