Archuleta v. Gomez

In Archuleta v. Gomez, No. 12SA47, the Colorado Supreme Court was presented with an adverse possession dispute over legal interests in water and an easement rights associated with ditches.  The Court affirmed its previous precedent that the requirement to prove exclusive and continuous use in an irrigation right adverse possession case “necessitate both (1) intercepting water within the ditch that belongs to another person’s right, at times and in amounts the adverse possessor’s crop production requires and (2) placing the intercepted water to an actual beneficial use that results in water consumption for crop production.”  However, the Court also held that not every drop of water needs to be consumed, and that a court is to examine all relevant circumstances, including crop efficiency, in determining whether exclusive and continuous use of the irrigation water has been made.  The Court’s opinion is available at: http://www.cobar.org/opinions/opinion.cfm?opinionid=8769&courtid=2