City of Florence v. Board of Waterworks of Pueblo

The Cities of Florence and Canon City (cities) appeal that portion of the judgment *149and decree issued by the water court holding that the retained jurisdiction provision of section 37-92-304(6), 15 C.R.S. (1989), was inapplicable because Pueblo’s exchange plan did not involve a change of water right or a plan for augmentation. Under the facts of this ease, we believe that the water court correctly interpreted the statute, and, accordingly, affirm the judgment and decree.

I

In the proceedings below Pueblo sought absolute and conditional decrees for appropriations of existing and proposed rights…