Dallas Creek Water Co. v. Huey

I respectfully dissent from the majority opinion holding that the water court erred in refusing to allow Dallas Creek Water Company (DCWC) to be formally substituted as the real party in interest to the reasonable diligence action at issue in this case. By its own language, section 37-92-301(4)(a)(I), 15 C.R.S. (1996 Supp.), requires that every six years the “owner or user” of a conditionally decreed water right “shall file an application for a finding of reasonable diligence, or said conditional water right shall be considered abandoned.” (Emphasis added.) In this case, the water court found…