Lewis v. WCAB (Fastrack Construction, Inc.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the right to change the point of diversion \is qualified in that injury to others must not result from the change\
• stating that the right to change the point of diversion “is qualified in that injury to others must not result from the change”
• requiring water court to consider “the facts and appropriate legal standards” in determining the adequacy of a plan for augmentation under section 37-92-305, 19 which requires approval of such a plan if it will not injuriously affect vested or decreed conditional water rights
• requiring water court to consider \the facts and appropriate legal standards\ in determining the adequacy of a plan for augmentation under section 37-92-305, [19] which requires approval of such a plan if it will not injuriously affect vested or decreed conditional water rights
• applicants and protestants must be given opportunity to propose terms and conditions to prevent injury to other appropriators
• “In order to determine the ade-quácy of the [augmentation plan] to accomplish its intended purpose, it is necessary to consider the adequacy of the replacement water rights.”

Source: CourtListener parenthetical corpus (CC0).