• J.E. Falkenberg v. Deputy Comptroller of Water Rights

    Decision Date:


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    Third Party:


    Decision Date: February 16, 1990

    Panel: J.D. Watts

    The appellant appealed the transfer of several conditional water licenses to the 3rd party to the appeal. The respondent had decided to transfer five parts of an eight part license to the licensees holding the remaining three parts of the license. The respondent had given a date of precedence of the same date as the original license holders and not of some later date. The appellant claimed the transfer would render his license useless since there would be no water left for allocation to him. He had already experienced water loss due to the excessive water use by the 3rd parties.

    The Board held that the licenses should only be transferred to other lands with a date of precedence later than that of the Final Water License and gave it a date as the same as that of the appellant’s date.