Upper Yampa Water Conservancy District v. Wolfe

In 2006, the Upper Yampa Water Conser-vancey District (the "District") filed an application for absolute water rights, based on their conditional water rights on Four Counties Ditch Number 8 ("Four Counties Rights"). The State Engineer and Division Engineer, Water Division 6 (the "Engineers") opposed the application and moved for summary judgment. The water court denied the Engineers' motion, but ruled as a matter of law that in order to perfect a conditional water storage right, the District must show "actual" beneficial use of a specific amount of water. The water court additionally held…