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Glover v. Serratoga Falls LLC.

2021 CO 77. No. 20SA278. Water Court—Subject Matter Jurisdiction—Ditch Easement Alteration—Attorney Fees.

November 15, 2021

On appeal, plaintiffs argued that the water court, which they vigorously asserted did have jurisdiction throughout the proceedings at the trial level, actually did not have jurisdiction. They further argued that the court made numerous errors on the merits of the case. And finally, they contested the court’s award of attorney fees.

Reviewing these arguments, the Supreme Court concluded that (1) the water court had proper subject matter jurisdiction because water matters were presented in the complaint, (2) the non-water matters were sufficiently related to those water matters to warrant ancillary jurisdiction, and (3) the circumstances of this dispute did not require publication of a resume notice. Further, the Court found no abuse of discretion in the water court’s rulings on the merits, including the award of attorney fees. The Court also awarded appellate attorney fees for certain arguments pressed on appeal.

Accordingly, the Court affirmed the water court’s order and remanded the case for further findings on the attorney fees awards.

Official Colorado Supreme Court proceedings can be found at the Colorado Supreme Court website.

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