Shirola v. Turkey Cañon Ranch Ltd.

The majority holds that the owners of certain wells (exempt well owners) as defined by section 37-92-602,15 C.R.S. (1990 & 1996 Supp.), have standing to object to an augmentation plan filed by Turkey Cañón Ranch Limited Partnership (Turkey Cañón). The majority reasons that, once the exempt well owners file for adjudications of their water rights, they may allege injury to those rights pursuant to section 37-92-305(3), 15 C.R.S. (1990). In my view, the mere filing for an adjudication of water rights does not create a legally enforceable interest sufficient to confer section 37-92-305(3)…