one-fill rule (Colorado) · Go Syfert
← Colorado issues

one-fill rule in Colorado

6 Colorado opinions name it 1 courts 2010–2019 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
North Sterling Irrigation District v. Simpsongreen
colo · 2009 · cited in 5 Colorado opinions naming this issue, 2011–2019
2 sentences

2019See N. Sterling Irrigation Dist. v. Simpson, 202 P.3d 1207 (Colo. 2009) (declaratory judgment action against state engineer regarding administration of “the one fill rule”); Archuleta v. Gomez, 200 P.3d 333 (Colo. 2009) (injunctive relief involving ownership of existing water right through adverse possession); City of Golden v. Simpson, 83 P.3d 87 (Colo. 2004) (motion to temporarily restrain state engineer from barring further diversions in breach of agreement among water rights holders); Gardner v. State, 614 P.2d 357 (Colo. 1980) (proceeding to determine whether adjudicated water right shoul

2016Accordingly, “the state engineer and division engineers are bound by their statutory mandate to account for, and if necessary, curtail diversions that violate the one-fill rule.” Id.

25
Orchard City Irrigation District v. Whittengreen
colo · 1961 · cited in 2 Colorado opinions naming this issue, 2010–2011
2 sentences

2011Whitten, 146 Colo. at 142 , 861 P.2d at 137.

2010See Orchard City Irrigation Dist. v. Whitten, 146 Colo. 127, 141 , 361 P.2d 130, 137 (1961) (holding that a storage right may only fill onee per year).

12
Southeastern Colorado Water Conservancy District v. Fort Lyon Canal Co.green
colo · 1986 · cited in 1 Colorado opinions naming this issue, 2011–2011
1 sentence

2011In Southeastern Colorado Water Conservaney District v. Fort Lyon Canal Co., 720 P.2d 133, 146-47 (Colo.1986), we clarified our holding in Westminster, explaining that "diminished return flows, whether due to change in direct-flow or storage rights, must be considered when calculating the amount of injury to other appropriators." In North Sterling Irrigation District v. Simpson, 202 P.3d 1207 (Colo.2009), we once again addressed application of the one-fill rule, this time in reference to an irrigation district's challenge to the imposition of a fixed water year measuring annual diversions into

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 (4)

CaseCitedYears
Archuleta v. Gomez green
colo · 2009
2 sentences

2019See N. Sterling Irrigation Dist. v. Simpson, 202 P.3d 1207 (Colo. 2009) (declaratory judgment action against state engineer regarding administration of “the one fill rule”); Archuleta v. Gomez, 200 P.3d 333 (Colo. 2009) (injunctive relief involving ownership of existing water right through adverse possession); City of Golden v. Simpson, 83 P.3d 87 (Colo. 2004) (motion to temporarily restrain state engineer from barring further diversions in breach of agreement among water rights holders); Gardner v. State, 614 P.2d 357 (Colo. 1980) (proceeding to determine whether adjudicated water right shoul

2011Examples include City of Golden v. Simpson, 88 P.8d 87 (Colo.2004), an injunetion action by an individual water user against the state engineer, Archuleta v. Go-mes, 200 P.3d 333 , (Colo.2009), an injunction action involving a claim for adverse possession of a water right pitting individuals within a ditch system against each other, and N. Sterling Irrigation Dist. v. Simpson, 202 P.3d 1207 (Colo.2009), a declaratory judgment action between a water district and the state engineer regarding administration of "the one fill rule" for a particular reservoir.

22011–2019
Gardner v. State green
colo · 1980
1 sentence

2019See N. Sterling Irrigation Dist. v. Simpson, 202 P.3d 1207 (Colo. 2009) (declaratory judgment action against state engineer regarding administration of “the one fill rule”); Archuleta v. Gomez, 200 P.3d 333 (Colo. 2009) (injunctive relief involving ownership of existing water right through adverse possession); City of Golden v. Simpson, 83 P.3d 87 (Colo. 2004) (motion to temporarily restrain state engineer from barring further diversions in breach of agreement among water rights holders); Gardner v. State, 614 P.2d 357 (Colo. 1980) (proceeding to determine whether adjudicated water right shoul

12019–2019
City of Golden v. Simpson green
colo · 2004
1 sentence

2019See N. Sterling Irrigation Dist. v. Simpson, 202 P.3d 1207 (Colo. 2009) (declaratory judgment action against state engineer regarding administration of “the one fill rule”); Archuleta v. Gomez, 200 P.3d 333 (Colo. 2009) (injunctive relief involving ownership of existing water right through adverse possession); City of Golden v. Simpson, 83 P.3d 87 (Colo. 2004) (motion to temporarily restrain state engineer from barring further diversions in breach of agreement among water rights holders); Gardner v. State, 614 P.2d 357 (Colo. 1980) (proceeding to determine whether adjudicated water right shoul

12019–2019
City of Westminster v. Church green
colo · 1968
2 sentences

2011In Westminster, we held that "[a] reservoir right permits one filling of the reservoir per year." 167 Colo. at 14 , 445 P.2d at 58 .

2011In Westminster, we held that "[a] reservoir right permits one filling of the reservoir per year." 167 Colo. at 14 , 445 P.2d at 58 .

12011–2011

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 37-92-103 (3) CO § Colo. Rev. Stat. § 37-92-301 (3) CO § Colo. Rev. Stat. § 37-92-502 (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.

← Caselaw search · G Cite Topics · Brief Check