Vought v. Stucker Mesa Domestic Pipeline Company
Issued June 16, 2003
The Water Court for Water Division 4 found that Stucker Mesa possessed an earlier appropriation date for the right to use water from springs located on Peter Vought's land. On appeal, the Supreme Court held that Stucker Mesa and Vought had satisfied the first step test when they filed their conditional water right applications on October 6, 2000 and October 23, 2000, respectively. The Supreme Court also upheld the water court's ruling that Stucker Mesa was able to meet the can and will test although it did not have access to Vought's land. In so holding, the Court noted that Colorado provides for a right of private condemnation to access water for diversion and conveyance.
