Upper Yampa Water Conservancy District v. Dequine Family L.L.C.

The Upper Yampa Water Conservancy District appealed directly to this court from an order of the water court dismissing its application for a conditional water right. After presentation of the District's case, the court granted the opposer Dequine Family's C.R.C.P. 41(b) motion and dismissed for failure of the District to establish a need for water in the claimed amount sufficient to satisfy the requirements of the anti-speculation doctrine.

Because the District's evidence of existing demands included contracts for stored water that had admittedly not yet been put to beneficial use and for…