Oneill v. Simpson

In Southeastern Colorado Water Conservancy District v. Twin Lakes Associates, Inc., 770 P.2d 1231 (Colo. 1989) (ONeill I), this court affirmed the water courts determination that these water rights had been abandoned. In Southeastern Colorado Water Conservancy District v. ONeill, 817 P.2d 500 (Colo. 1991) (ONeill II), this court affirmed the water courts denial of ONeills motion pursuant to C.R.C.P. 60(b)(5) alleging newly discovered evidence. Most recently, in Southeastern Colorado Water Conservancy District v. Cache Creek Mining Trust, 854 P.2d 167 (Colo. 1993) (ONeill III), we affirmed the water courts ruling rejecting ONeills claim that opposing parties had committed fraud upon him and the court. Additionally, we found ONeills third attempt at litigation before this court to be frivolous, and we remanded the case to the water court to assess attorney fees against ONeill. See ONeill III, 854 P.2d at 178.