Aspen Wilderness Workshop, Inc. v. Colorado Water Conservation Board

Justice MULLARKEY dissents, and Chief Justice VOLLACK joins in the dissent.1

We granted certiorari before judgment of the court of appeals in Aspen Wilderness *1253Workshop, Inc. v. Colorado Water Conservation Board, No. 92-CV-6091 (Denver Dist. Ct., July 2, 1993), pursuant to C.A.R. 50 to review the judgment of the Denver District Court.2 On cross motions for summary judgment, the district court ruled that respondent Colorado Water Conservation Board (“Conservation Board” or “Board”) had the implied or incidental authority not to fully enforce its water rights under a decree of the water court.…