Concerning the Application for Water Rights of Ginn Battle South, LLC

In Concerning the Application for Water Rights of Ginn Battle South, LLC, No. 11SA169, the Colorado Supreme Court found that the Division 5 Water Court’s did not abuse its discretion when it issued corrected decrees after errors in monthly limitations were discovered in the original decrees.  The Court found that C.R.S. § 37-92-304(10) allows a petitioner to correct substantive errors as well as clerical errors so long as the conditions set forth in the statute, such as a showing of mistake, inadvertence, or excusable neglect are met.  The Colorado Supreme Court also agreed with the Water Court’s finding that the corrections to the original decree did not make the decree any less restrictive on the applicant than the limitations contained in the Original Decree such that they were consistent with decrees attached to stipulations with an opposer.  The Court’s opinion is available at http://www.cobar.org/opinions/opinion.cfm?opinionid=8807&courtid=2