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<br /> <br />Opinions of the C?lorado Supreme Court are <br />available to the public and can be accessed <br />through the Court's homepage at <br />http://www.courts.state.co.us/supct/supct.htm <br />Opinions are also posted on the Colorado Bar <br />Association homepage at www.cobar.org. <br /> <br />ADVANCE SHEET HEADNOTE <br />October 22, 2007 <br /> <br />No. 06SA338, pagosa Area Water and Sanitation District and San <br />Juan River Conservancy District v. Trout Unlimited. Conditional <br />Water Right - S 37-92-103(6) - Elements of Governmental Agency <br />Non-Speculative Intent to Appropriate Unappropriated Water - <br />Reasonable Water Supply Planning Period for the Conditional <br />Appropriation - Substantiated Population Projections - <br />Reasonable Amount of Water Necessary to Serve Population During <br />Planning Period Above Current Water Supply - Can and will Test - <br />S 37-92-103(3) (a) - S 37-92-305(9) (b) - Maximum Utilization - <br />Optimum Use - Water Court Findings of Fact, Judgment, and Decree <br />- Unresolved Factual Findings - Reasonable Planning Period - <br />Future Land Use Mixes - Implementation of Water Conservation <br />Measures - Per Capita Water Usage Requirements - Reuse - Measure <br />of Consumptive Use Reasonably Needed to Serve Population <br /> <br />The water court entered a conditional decree for the pagosa <br /> <br />Area Water and Sanitation District and the San Juan River Water <br /> <br />Conservancy District for a planning period extending one hundred <br /> <br />years. Trout Unlimited contends in this appeal that the <br /> <br />districts did not carry their burden of proving their intent and <br /> <br />need for the amount of water the water court conditionally <br /> <br />decreed to the districts. <br /> <br />The Supreme Court holds that a governmental water supply <br /> <br />agency has the burden of demonstrating three elements in regard <br /> <br />to its intent to make a non-speculative conditional <br />