Laserfiche WebLink
That Act, as well as the Colorado Constitution, Intergovernmental Relationships Act, and Water <br />Right Determination and Administration Act of 1969 ( "1969 Act "), provide authority for the <br />District to exercise its constitutional right to appropriate unappropriated water for recreation <br />either on its own, or by agreement with other governmental bodies. <br />V. ARGUMENT <br />A. The Water Court's Factual Findings are Entitled to Substantial Deference <br />The Water Court applied the same legal standards to the District's application as are <br />applied to any water right. The Decree is based upon the Water Court's findings of fact under <br />these legal principles. The deference owed such factual findings is well established under <br />Colorado law. In short, such findings may only be reversed if "the evidence is wholly <br />insufficient to support" the findings. City of Thornton v. Bijou Irrigation Co., 926 P.2d 1, 40 <br />(Colo. 1996) (quoting Bd. of County Comm'rs v Upper Gunnison River Water Consery Dist., <br />838 P.2d 840, 847 (Colo. 1992)). Not only does the record support the Water Court's findings, <br />the evidence was often undisputed. The District relies upon and incorporates herein the <br />additional cases cited in the Breckenridge Brief § S.A. <br />B. The District Met the Legal Requirements to Obtain Conditional Water Rights <br />In granting the District conditional water rights for the Park's control structures, the Water <br />Court applied the existing law to the undisputed evidence. In order to acquire a conditional <br />water right, the applicant must demonstrate: (1) that it has made the first step toward the <br />initiation of the decree, which includes a showing of intent and overt acts, Bijou Irrigation Co., <br />926 P.2d at 32 (Colo. 1996); (2) that it can and will divert water to beneficial use and complete <br />the project within a reasonable time, § 37- 92- 305(9)(b); and (3) that unappropriated water is <br />available. Aspen Wilderness Workshop v. Hines Highlands, 929 P.2d 718, 724 (Colo. 1996). <br />Sb1549 -8- <br />