diligence requirement (Colorado) · Go Syfert
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diligence requirement in Colorado

7 Colorado opinions name it 1 courts 1992–2016 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Public Service Co. of Colorado v. Blue River Irrigation Co.green
colo · 1992 · cited in 1 Colorado opinions naming this issue, 2000–2000
1 sentence

2000See Blue River III, 829 P.2d at 1277 ; Public Serv.

11
Upper Gunnison River Water Conservancy District v. Board of County Commissionersgreen
colo · 1992 · cited in 1 Colorado opinions naming this issue, 1996–1996
1 sentence

1996Compare Vidler, 197 Colo, at 417, 594 P.2d at 568 (“To recognize conditional decrees grounded on no interest beyond a desire to obtain water for sale would—as a practical matter—discourage those who have need and use for the water from developing it.”) with Upper Gunnison River Water Conservancy Dist. v. Board of County Comm’rs of Arapahoe County, 841 P.2d 1061, 1065 (Colo.1992) (requirement of diligence prevents “ ‘the accumulation of conditional water rights without diligent efforts to complete the projects to the detriment of those needing and seeking to make immediate beneficial use of the

11
Colorado River Water Conservation District v. Vidler Tunnel Water Co.green
colo · 1979 · cited in 1 Colorado opinions naming this issue, 1996–1996
1 sentence

1996Compare Vidler, 197 Colo, at 417, 594 P.2d at 568 (“To recognize conditional decrees grounded on no interest beyond a desire to obtain water for sale would—as a practical matter—discourage those who have need and use for the water from developing it.”) with Upper Gunnison River Water Conservancy Dist. v. Board of County Comm’rs of Arapahoe County, 841 P.2d 1061, 1065 (Colo.1992) (requirement of diligence prevents “ ‘the accumulation of conditional water rights without diligent efforts to complete the projects to the detriment of those needing and seeking to make immediate beneficial use of the

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Schmidt v. Langel green
coloctapp · 1993
2 sentences

2016The division added, however, that if such a re-examination does not reveal a correct address, then "[the treasurer need not inquire into every possible source for the correct address of the record interest holder." Id. | 1] 26 In our view, these cases follow properly from section 89-11-128(1) because each case ensured that the treasurer exercised reasonable diligence before sending the notice, which is the only diligence requirement set forth in the statute.

2016The division added, however, that if such a re-examination does not reveal a correct address, then “[t]he treasurer need not inquire into every possible source for the correct address of the record interest holder.” Id. ¶26 In our view, these cases follow properly from section 39-11-128(1) because each case ensured that the treasurer exercised reasonable diligence before sending the notice, which is the only diligence requirement set forth in the statute.

32016–2016
City of Thornton v. Bijou Irrigation Co. green
colo · 1996
2 sentences

2007Id. at 51 . [7] In addition to demonstrating non-speculative intent, a governmental agency must satisfy the "can and will" requirement in order to obtain a conditional decree.

2007Id. at 51 . 7 In addition to demonstrating non-speculative intent, a governmental agency must satisfy the "can and will" requirement in order to obtain a conditional decree.

12007–2007
Trans-County Water, Inc. v. Central Colorado Water Conservancy District green
colo · 1986
1 sentence

1992The water court stated that, prior to the adoption of the 1990 statute, the standard for showing diligence was set forth in Trans-County Water, Inc. v. Central Colorado Water Conservancy District, 727 P.2d 60 (Colo.1986). 6 The water court concluded that the 1990 statute modified the diligence standard set forth in Trans-County. 7 As a result, the water court concluded “that the standard adopted by the statute is less onerous than the standard in Trans County." The water court also stated that “[i]t is the court’s understanding of the statutory measure that many facts and circumstances are to

11992–1992

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 37-92-301 (3) CO § Colo. Rev. Stat. § 39-11-128 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 37 (1984–2026) TX 24 (1944–2025) IL 23 (1972–2026) AR 15 (1983–2020) GA 11 (1973–2025) MI 9 (1993–2021) UT 8 (1993–2025) CO 7 (1992–2016) NM 5 (1995–2017) OH 4 (2011–2017) MT 4 (1980–2014) AL 4 (1880–2017) KS 4 (1964–2019) PA 3 (1981–2026) NY 3 (1911–2025) FL 3 (1997–2026) CT 3 (2007–2011) VA 3 (2004–2025) IN 3 (2007–2017) NJ 2 (2020–2025) IA 2 (1985–2020) DC 2 (1996–2005) WY 2 (1991–1991) WA 2 (2013–2014) ID 2 (1988–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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