Upper Yampa Water Conservancy District v. Wolfe

In 2006, the Upper Yampa Water Conservancy District (District) filed an application for absolute water rights, based on their conditional water rights on "Four Counties Ditch Number 3." The State Engineers opposed the application and moved for summary judgment. The water court denied the Engineers' motion, but ruled as a matter of law that in order to perfect a conditional water storage right, the District needed to show that “it diverted and put to beneficial use water in excess of its existing absolute decrees.” Upon careful consideration of the water court's record, the Supreme Court affirmed its decision.