Grand Valley Water Users Ass'n v. Busk-Ivanhoe, Inc.

¶74 The majority concludes that the water court erred when it: (1) concluded that stor*471age of the Busk-Ivanhoe rights on the eastern slope prior to use was lawful; (2) included the volumes of exported water paid as rental fees for storage on the eastern slope in its historic consumptive use quantification of the water rights; and (3) concluded that it was required to exclude the twenty-two years of undecreed use of the subject water rights from the representative study period. Maj. op. ¶¶ 7-9. In my view, however, the storage on the eastern slope prior to use'was lawful because it was within…