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IN RE WATER RIGHTS OF DOUBLE RL CO.

No. 01SA273.

54 P.3d 908 (2002)

In the Matter of the Application for WATER RIGHTS OF DOUBLE RL COMPANY IN the UNCOMPAHGRE RIVER, OURAY COUNTY. Double RL Company, Applicant-Appellant, v. Telluray Ranch Properties, Appellee, and Wayne Schieldt, Division Engineer, Water Division No. 4., Appellee Pursuant to C.A.R. 1(e).

Supreme Court of Colorado, En Banc.

September 23, 2002.

Attorney(s) appearing for the Case

Johnson Repucci & Berg LLP, Richard A. Johnson, Stephen C. Larson, Boulder, Colorado, Attorneys for Applicant-Appellant.

No Appearance by or on behalf of Appellee Telluray Ranch Properties.

No Appearance by or on behalf of Appellee Wayne Schieldt, Division Engineer, Water Division No. 4.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this case we hold that without first providing notice of the cancellation to the owner of the right as required by section 37-92-305(7), 10 C.R.S. (2002), the water court may not cancel a conditional water right when the holder fails to file a timely application for a finding of reasonable diligence within the time prescribed by statute.

Double RL Ranch, located in Ouray County...

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