Rominiecki v. McIntyre Livestock Corp.

LOHR, Justice.

Albín S. D. Rominiecki and Jean D. Sylvester Rominiecki (applicants) appeal from a judgment of the water court denying their application for an alternate point of diversion for two direct-flow water rights utilized to irrigate high mountain meadows owned by the applicants and located above the Paonia Reservoir in Gunnison County, Colorado. The trial court concluded that to grant the request would accomplish an impermissible substitution of one source of supply for another with resulting injury to others. Because it appears that the application can be granted without such injury…