Groundwater Appropriators of the South Platte River Basin, Inc. v. Fort Morgan Reservoir and Irrigation Co. Issued June 30, 2003
In Groundwater Appropriators of the South Platte River Basin, Inc. v. Fort Morgan Reservoir and Irrigation Co., the Colorado Supreme Court held that C.R.C.P. 41(a)(2) did not authorize the water court to impose attorney fees as terms and conditions for the voluntary dismissal of an application for water rights with prejudice. It also upheld the water court's ruling that the opposers' motion for a mandatory injunction was outside the statutorily prescribed scope of a proceeding for the determination of water rights. As a result, the Court found that allowing the motion for a mandatory injunction would conflict with the purposes of the proceeding.
