Byers Peak Properties, LLC v. Byers Peak Land & Cattle, LLC.

2026 CO 7. No. 24SA254. Water Law—Private Right of Action—Ancillary Jurisdiction.

January 26, 2026

In this direct appeal, the supreme court considered challenges to a water court’s final judgment and order denying a motion for clarification and reconsideration. The court concluded that (1) appellees did not have standing to bring a claim for a declaration of waste; (2) CRS § 37-84-108 does not create a private right of action for a statutory claim of waste; (3) CRS §§ 37-84-124 and -125 do not apply to injuries incurred from excess irrigation runoff or flooding and thus did not support appellees’ claims here; (4) because appellees did not assert viable claims under §§ 37-84-108, -124, and -125, appellees had no “water matter” concerning waste or flooding before the water court and thus that court did not have ancillary jurisdiction over appellees’ related claims for trespass and nuisance; (5) because the water court erred in finding for appellees on their waste and flooding claims, the court also erred in issuing injunctive relief related to such claims; (6) the water court did not abuse its discretion in refusing to consider the extent of appellees’ “Lower Gaskill Ditch” easement because the issue was not properly before the water court; and (7) appellant’s question concerning Spur Road was not properly presented for the court’s review.

The court thus affirmed the water court’s decision declining to address the extent of appellees’ “Lower Gaskill Ditch” easement, but reversed the water court’s judgment on all issues related to the alleged waste and flooding and remanded to the water court with instructions that the court (1) dismiss appellees’ claims for declaration of waste; violations of §§ 37-84-108, -124, and -125; trespass; nuisance; and the injunctive relief related to those claims; and (2) vacate the operational injunction.