Neighbors for a Better Approach v. Nepa

Qualls, Inc. appeals an order entered by the District Court, Water Division No. 1 (the water court), denying Qualls motion to amend a 1988 order entered by the water court. The water courts 1988 order modified the water courts 1984 decree of conditional water rights claimed by Qualls. The 1988 order removed the diligence requirement from the 1984 decree and declared that the water court would retain jurisdiction over Qualls well. The water court entered the 1988 order pursuant to subsection 37-92-305(11), 15 C.R.S. (Supp. 1989). Qualls argues that the water court had no jurisdiction to enter the 1988 order. Qualls also contends that the retained-jurisdiction provision of the 1988 order constitutes an unconstitutional retrospective application of subsection 37-92-305(11). Finally, Qualls contends that the 1988 order is barred by collateral estoppel.