News

Colorado Division of Water Resources issues guidance for implementation of the St. Jude’s ruling

October 4, 2016   |   Real Estate and Real Property, Water Law

Recently, the Division for Water Resources (“DWR”) issued written instructions reflecting the State Engineer’s direction to Division Engineers concerning consultation and administration duties in light of the Colorado Supreme Court’s ruling in St. Jude’s Co. v. Roaring Fork Club.

Briefly, in St.[Read More]

General Assembly passes the Colorado Water Rights Protection Act

May 5, 2016   |   Real Estate and Real Property, Water Law

The Colorado Water Rights Protection Act (click here to access the bill) unanimously passed the House and Senate, and Governor Hickenlooper signed the bill on April 21. The bill is aimed at protecting state water rights on federal lands.… [Read More]

CO Court of Appeals Rejects the “Neighborly Accommodation” Doctrine in Prescriptive Easement Case

January 20, 2015   |   Litigation, Real Estate and Real Property

In LR Smith Investments, LLC v. Butler, the Colorado Court of Appeals heard an appeal of a trial court decision finding that two prescriptive easements existed. In Colorado, a party acquires a prescriptive easement when the prescriptive use is (1) open and notorious; (2) continuous without effective interruption for at least 18 years; and (3) either adverse or pursuant to an attempted but ineffective grant.… [Read More]

CO Court of Appeals Orders Plaintiff in Trespass Action to Sell Land to Defendant

November 10, 2014   |   Litigation, Real Estate and Real Property

In a very unusual case, the Colorado Court of Appeals in Graham v. Jules Investment, Inc., and Big Cats of Serenity Springs, Inc., Court of Appeals No. 13CA1364, affirmed a trial court decision to force a plaintiff who sued neighboring property owners for trespass to sell the encroachment area to the defendants.… [Read More]