context: Where, as here, the scope of a water right is defined by contract, the general provisions of Colorado water law are not necessarily inapplicable, but their application is subject to the terms of the contract.
citation_a.signal: see also
citation_a.identifier: 519 P.2d 954, 956
citation_a.parenthetical: regardless of statutory provisions, an appropriator may by contract make its priority inferior to another
citation_a.sentence: Merrick v. Fort Lyon Canal Co., 621 P.2d 952, 955-56 & nn. 3, 4 (Colo.1981) (holding that contract provisions controlled over provisions of plan for augmentation statute, section 37-92-305(3)); see also Estes Park, 677 P.2d at 326-27 (applying contract terms rather than statutory provisions in denying plan for augmentation); Perdue v. Fort Lyon Canal Co., 184 Colo. 219, 223, 519 P.2d 954, 956 (1974) (regardless of statutory provisions, an appropriator may by contract make its priority inferior to another). Thus, Thornton’s assertions that its proposals will not injure other appropriators and will comply with the statutory provisions addressing replacement and exchange are not relevant to our evaluation.
citation_b.signal: no signal
citation_b.parenthetical: holding that contract provisions controlled over provisions of plan for augmentation statute, section 37-92-305(3
citation_b.sentence: Merrick v. Fort Lyon Canal Co., 621 P.2d 952, 955-56 & nn. 3, 4 (Colo.1981) (holding that contract provisions controlled over provisions of plan for augmentation statute, section 37-92-305(3)); see also Estes Park, 677 P.2d at 326-27 (applying contract terms rather than statutory provisions in denying plan for augmentation); Perdue v. Fort Lyon Canal Co., 184 Colo. 219, 223, 519 P.2d 954, 956 (1974) (regardless of statutory provisions, an appropriator may by contract make its priority inferior to another). Thus, Thornton’s assertions that its proposals will not injure other appropriators and will comply with the statutory provisions addressing replacement and exchange are not relevant to our evaluation.