City of Raton v. Vermejo Conservancy District

OPINION

WALTERS, Justice.

In 1935 the Colfax County District Court issued a decree adjudicating water rights in the Chico Rico, or Sugarite, stream system of Northern Colfax County. In 1980 the City of Raton (Raton) filed a declaratory judgment action against Vermejo Conservancy District (District) seeking a determination of the rights of those parties under the 1935 decree. The District counterclaimed, basing its claims on Raton’s alleged improper withholding of water in excess of its senior rights. Trial was held in two parts—on August 20, 1981, the court decided Raton’s claimed equitable…