Here is the opinion in Southern Ute Tribe v. King Consolidated Ditch Co.

The court’s syllabus:

The Supreme Court affirmed the water court’s ruling that the application in this case, which was filed to determine whether an adjudicated priority decreed in a prior case encompasses wintertime stockwater use, qualifies as a determination of a water right under CRS § 37-92-302(1)(a) and was properly published via the résumé notice procedures of CRS § 37-92-302(3). Publication of the résumé gave notice of the application to the Southern Ute Tribe, along with the holders of all other water rights on the stream. The late-filed verification of the application related back to the date of the original application pursuant to C.R.C.P. 15(c), and the water court did not abuse its discretion in disallowing the Tribe’s untimely statement of opposition and denying the Tribe’s motion to intervene.