Question Submitted by the United States Court of Claims v. United States

Upon rehearing, this is our response to a question certified to us by The United States Court of Claims in its case No. 105-75 pursuant to C.A.R. 21.1. The question so certified is:

*541“Under Colorado law, does the owner of a decreed water right to divert and use water from a natural stream have a right to receive water of such quality and condition, including the silt content thereof, as has historically been received under that right?” (emphasis added)

In the light of the emphasized portion of the question and the posture in which we perceive the question was certified to us, our answer to the…