CO Court of Appeals Rejects the “Neighborly Accommodation” Doctrine in Prescriptive Easement Case

January 20, 2015   |   Litigation, Real Estate and Real Property

In LR Smith Investments, LLC v. Butler, the Colorado Court of Appeals heard an appeal of a trial court decision finding that two prescriptive easements existed. In Colorado, a party acquires a prescriptive easement when the prescriptive use is (1) open and notorious; (2) continuous without effective interruption for at least 18 years; and (3) either adverse or pursuant to an attempted but ineffective grant.… [Read More]

CO Supreme Court Clarifies Use of Historical Consumptive Use Analysis in Change of Water Right Case

January 13, 2015   |   Litigation, Water Law

In Widefiled Water and Sanitation District v. Witte, the Colorado Supreme Court addressed the proper use of historical consumptive use (HCU) analysis in a proceeding to change a water right. An HCU analysis determines the amount of water that has been put to beneficial use, and thus, the amount of water that may properly be subject to a change.… [Read More]

Anticipated Colorado Water Legislation for 2015

January 7, 2015   |   Water Law

The Legislature’s regular session convenes on January 7, 2015 and is scheduled to adjourn on May 6, 2015.  The Water Resource Review Committee (WRRC) approved for introduction various pieces of legislation dealing with water law and resources. The WRRC is charged with contributing to and monitoring the conservation, use, development, and financing of Colorado’s water resources for the general welfare of the state.… [Read More]