Allen v. State of Colorado

Summary

The Colorado Supreme Court held that an inverse condemnation claim alleging a judicial taking of shares in a mutual ditch company was not a “water matter” within the exclusive jurisdiction of the water court. The claim concerned ownership of ditch company shares rather than the right to use water, so jurisdiction belonged in the district court. The court affirmed dismissal of the complaint for lack of subject matter jurisdiction.

Holdings

1. An inverse-condemnation claim concerning an alleged deprivation of ownership interests in shares of a mutual ditch company is not a water matter within the water court's exclusive jurisdiction when the claim does not require determination of the right to use water.
2. The water court correctly dismissed Allen's complaint for lack of subject-matter jurisdiction.

Questions Presented

1. Whether an inverse-condemnation claim alleging a judicial taking of shares in a mutual ditch company is a water matter within the exclusive jurisdiction of the water court.
2. Whether the water court had subject-matter jurisdiction where the claim concerned ownership and conveyance of ditch-company shares rather than the use of water rights.

Disposition

affirmed