City of Black Hawk v. City of Central

delivered the Opinion of the Court. ■

INTRODUCTION

In this case, we review the decision of the District Court, Water Division (“water court”), awarding the respondent City of Black Hawk a conditional water storage right in Chase Gulch Reservoir. We affirm.

An applicant seeks a conditional water right to preserve a place in Colorado’s water priority system, and after such a right is recognized, the applicant must demonstrate in diligence proceedings that steps are being taken to bring waters covered by the right to beneficial use. According to the “can and will” statute, § 37-92-305(9)(b), 10…