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Dallas Creek Water Co. v. Huey3/10/1997
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III.
One of the express purposes of the diligence provisions is to prevent the accumulation of unused and under-utilized conditional water rights. In many cases, this legislative purpose is best accomplished by supporting the ability of the water courts to enforce the strict filing provisions of the statute. Here, the water court correctly found that the only application for reasonable diligence that was filed in this case was filed by a dissolved corporation that was no longer an owner or a user of the disputed water right. Further, while C.R.C.P. 17(a) arguably provides for the substitution of parties in a reasonable diligence proceeding to ensure that the action is prosecuted by the real party in interest, DCWC's motion for substitution was filed at least one year after the objectors raised the standing issue. In my opinion, therefore, it was within the water court's discretion to deny DCWC's motion for substitution as untimely and dismiss the action for lack of subject matter jurisdiction. Accordingly, I respectfully Dissent.
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