Public Service Co. of Colorado v. Board of Water Works of Pueblo

Public Service Company of Colorado (PSCo) appeals from the judgment of the District Court for Water Division 2 (water court) dismissing PSCo’s application for approval of conditional rights of exchange on the Arkansas River. We affirm.

I

This litigation has a long and complex history. An understanding of that history, in broad outline, will provide a useful background for discussion of the issues concerning the propriety of the dismissal of the application. The water rights subject to the application for conditional rights of exchange are absolute surface rights represented by shares in two…