Concerning the Application for Water Rights of Tidd: Frees v. Tidd

11 This water case involving neighboring property owners in Saguache County presents an issue of first impression: -May the land owner whose property is burdened by an easement across his or her property for a water ditch obtain a junior conditional water right at the headgate of that ditch for non-consumptive hydropower use of water that the neighbor is diverting from the stream under a senior water right for irrigation use through that headgate? 1

T2 Applying the no material injury, water availability, and maximum beneficial use principles of Colorado water law, in conjunction with our…