Oliver Construction Co. v. Industrial Commission

On March 31, 1982, the water judge for Water Division No. 3 granted an application for a change of water right to V-Heart Ranch, Inc. (V-Heart) for 7.54 c.f.s. of water decreed to the Beecroft Irrigating Ditch. Otho Bagwell, who objected to the petition, appeals the water courts conclusions that V-Heart owns the entire 7.54 c.f.s. of the decreed priority and that Bagwell had not acquired ownership of 3.77 c.f.s. of the priority by means of adverse possession. Because we conclude that the water court applied incorrect principles of law in reaching its conclusions concerning Bagwells claim, we reverse the decree and remand the matter for further proceedings with regard to that issue.