Upper Eagle Regional Water Authority v. Wolfe

In these two consolidated appeals from the District Court for Water Division No. 5 (“the water court”), we review the water court’s judgments of dismissal and accompanying questions involving the water court’s construction and implementation of the augmentation plan retained jurisdiction provision, section 37-92-304(6), C.R.S. (2009), of the Water Right Determination and Administration Act of 1969 (“the 1969 Act”).1

In both cases, the State and Division Engineers (“the Engineers”) and the Colorado Water Conservation Board (“the CWCB”) sought to invoke the retained jurisdiction provision of two…