Darby V. All J Land And Rental Co‪.‬

This is an appeal from an October 1, 1990, judgment and decree of the District Court, Water Division No. 1, finding reasonable diligence for continuing the conditional water rights decreed to George C. Darby. Darby filed a timely application for a finding of reasonable diligence to maintain his decreed conditional water rights. A statement of opposition was filed by All J Land & Rental Co. and Roy F. Young. The parties ended the controversy with a stipulation that approved a proposed order continuing the conditional rights in full force and effect until September 1996. The order tendered to the court pursuant to the stipulation provided that if Darby "desires to maintain such decree, an Application for a Finding of Reasonable Diligence shall be filed on or before September, 1996." The water judge, sua sponte, changed the proposed order by striking the year 1996 and inserting the year 1992 as the time for the next application for a finding of reasonable diligence. Darby appeals from the change made by the water court. The parties who filed the statement of opposition have filed a notice of nonparticipation in this appeal, stating that they "stipulated to the decree in the trial court and do not intend to participate in the Appeal thereof."