City of Westminster v. City of Broomfield

ERICKSON, Justice,

specially concurring:

The City of Broomfield filed an application for change of water rights and sought *496to acquire the right to purchase three “inches” of water in a carrier ditch that is commonly identified as the Church Ditch. The controversy in this case arises out of the acquisition of forfeited water rights by Broomfield and Northglenn, who own the Church Ditch Company. The water court granted the requested change of use and upheld the acquisition of the forfeited rights by Broomfield.

No question exists regarding the right of the Church Ditch Company to declare…