City of Boulder v. Boulder & Left Hand Ditch Co.

The City of Boulder (Boulder) filed a complaint in the District Court of Water Division No. (court) against The Boulder and Left Hand Ditch Company (Left Hand) and the North Boulder Farmers Ditch Company (Farmers). Boulder requested injunctive relief against the transportation of water for use in another watershed. The court sustained the defendants’ motion to dismiss on the ground that the complaint did not state a claim upon which relief could be granted. We reverse.

The facts here set forth are taken from the allegations of the complaint. We follow the familiar rule that, as to a motion to…