FWS Land & Cattle Co. v. State, Division of Wildlife

The appellant, FWS Land and Cattle Company, applied for a conditional direct flow right and a conditional storage right in two interconnected lakes that were located on land owned by both FWS and the State of Colorado through the Colorado Division of Wildlife (DOW) and the State Board of Land Commissioners. DOW filed a motion for summary judgment in the water court for Water Division No. 6 which was granted. The water court dismissed FWS’s claim for a conditional storage right on the grounds that FWS could not establish that its application met the requirements for the issuance of a…