State Engineer & the Division Engineer for Water Division 3 v. Bradley

The State Engineer and Division Engineer for Water Division No. 3 appealed a judgment of the water court approving an application by Bradley for a change of water right and ordering the issuance of a well permit. Bradley sought to change the point of diversion of an existing water right from a well in a corner of his property to a well in the center of his property. Because the evidence in the record does not support the water court's conclusion that granting the application will neither enlarge the existing right by expanding Bradley's historic use nor result in injury to other vested…