St. Jude’s Co. v. Roaring Fork Club, L.L.C.

St. Jude’s Co. made a direct appeal to the Colorado Supreme Court a water court decision entered in favor of the Roraring Fork Club, LLC. With regard to the Club’s two applications for water rights, the water court granted appropriative rights, approved the Club’s accompanying augmentation plan, and amended the legal description of the Club’s point of diversion for an already decreed right. With regard to the separate action filed by St. Jude’s Co., the water court denied all but one of its claims for trespass, denied its claims for breach of a prior settlement agreement with the Club, denied its claims for declaratory and injunctive relief concerning its asserted entitlement to the exercise of powers of eminent domain, quieted title to disputed rights implicated in the Club’s application for an augmentation plan, and awarded attorney fees in favor of the Club, according to the terms of the settlement agreement of the parties. Upon review of St. Jude's arguments on appeal, the Supreme Court concluded the Club failed to demonstrate an intent to apply the amount of water for which it sought a decree to any beneficial use. Accordingly, the Court reversed the water court with regard to appropriative rights. The Court found no other reversible errors in the water court's decision. The case was remanded for further proceedings, including a determination of the Club's request for appellate attorney fees. View "St. Jude's Co. v. Roaring Fork Club, L.L.C." on Justia Law