People v. Meagher.
2020 CO 56. No. 19SA170. Water Law—Administrative Orders—Injunctions—Motions to Dismiss—Summary Judgment.
June 15, 2020
Plaintiff brought claims against defendant for injunctive relief, civil penalties, and costs arising from defendant’s failure to submit a form required by Rule 6.1 of Water Division No. 3’s Measurement Rules. The water court denied defendant’s motion to dismiss plaintiff’s claims and subsequently granted plaintiff summary judgment on those claims, and defendant appealed.
The Supreme Court concluded that (1) the water court properly denied defendant’s motion to dismiss because plaintiff’s claims were not mooted by defendant’s belated compliance with Rule 6.1; (2) the water court correctly determined that neither Rule 6.1 nor the pertinent provisions of CRS § 37-92-503 required plaintiff to prove that defendant had a culpable mental state, and therefore defendant’s allegation that he was not at fault for violating Rule 6.1 did not establish a genuine issue of material fact so as to preclude the entry of summary judgment for plaintiff; (3) the injunction entered by the water court was statutorily authorized and conformed to Colorado standards for enjoining further violations of the Measurement Rules; and (4) the water court properly awarded plaintiff costs and fees under CRS § 37-92-503(6)(e).
Accordingly, the Court affirmed the water court’s judgment and remanded the case for determination of the amount of appellate fees to be awarded.
Water Law, Administrative Orders, Injunctions, Motions to Dismiss, Summary Judgment