Wyoming v. Colorado

Background

A legal dispute concerned water taken from the Laramie River and its tributaries in Colorado. The court considered the pleadings and evidence reported by commissioners. The decree names unnamed defendants and refers to the States of Colorado and Wyoming, with the States’ existing ditch and meadow claims described and Wyoming awarded costs in the judgment.

Reasoning

The central question was how much water the defendants could divert from the Laramie River through the Laramie-Poudre Tunnel appropriation. The court barred the defendants from diverting or taking more than 15,500 acre-feet per year by virtue of that tunnel appropriation. At the same time, the decree expressly preserved Colorado’s right to continue diverting 18,000 acre-feet annually via the Skyline Ditch appropriation and 4,250 acre-feet under named meadow-land appropriations. The order also left intact any lawful diversion or use of Sand Creek by either State or by those each State recognizes as entitled to use it.

Real world impact

Practically, the order limits how much water can move through the named tunnel, protects specific Colorado ditch and meadow claims, and confirms continuing lawful uses of Sand Creek by either State. The State of Wyoming was awarded its lawful costs. The clerk was instructed to send authenticated copies of the decree to the chief magistrates of Colorado and Wyoming. A modified decree was later entered on October 9, 1922.