WATER: Decree involving co-equal appropriators properly enforced by District Court in percent shares rather than flow rates during shortages… attorney fees properly denied for inability to ascertain a prevailing party… Jones affirmed. [Read more…]
Water, Big Warm Creek allocation
WATER: Big Warm Creek rights properly allocated… McElyea affirmed. [Read more…]
Dam repairs, statute of limitations, experts
DAM REPAIRS: Summary judgment for engineers proper based on 3-year tort statute (rather than 8-year contract statute)… summary judgment for repair company proper based on lack of causation between alleged grouting failure and leak… experts properly precluded for untimely disclosure… Langton. [Read more…]