Southeastern Colorado Water Conservancy District v. Cache Creek Mining Trust

This appeal marks the third time that these parties have been before this court on matters relating to six water rights decreed in 1912 to three ditches, the Cache Creek, Arlington, and Clear Creek Ditches. In Southeastern Colorado Water Conservancy District v. Twin Lakes Associates, Inc., 770 P.2d 1231 (Colo.1989) (O’Neill I), this court affirmed a judgment of the water court canceling the water rights on the grounds that the water rights had been abandoned shortly after they were decreed. Subsequently, Dennis O’Neill (O’Neill), filed a motion pursuant to C.R.C.P. 60(b)(5), alleging newly…