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Board of Equalization grants 30-day continuance in Cody Canal water-billing dispute; briefs due Oct. 16
Summary
Sitting as the Board of Equalization, commissioners granted a continuance and ordered further briefing on whether the board has subject-matter jurisdiction over a water-billing and water-rights dispute involving Cody Canal; all parties must file briefs with the clerk by Oct. 16.
Acting as the Board of Equalization, the Park County commissioners granted a continuance in a filed dispute involving Cody Canal water rights and billing for landowners (named in filings as Harper, Schlitz/Dunkel, and Owen) while the parties brief the question of subject-matter jurisdiction.
County Attorney Skork advised the board that jurisdictional issues under Title 41 (Irrigation Districts) are complex and that there is limited case law directly on point. The Cody Canal respondent filed a motion to dismiss for lack of subject-matter jurisdiction and a motion to continue; the county received those filings the preceding Friday. Skork recommended allowing both sides time to file fuller briefs so the board can determine whether it has authority to hear the matter before proceeding to contested-case hearings or findings of fact.
The board adopted an order granting a continuance and directed that further briefing from all parties be delivered to the county clerk (Clerk Renner) no later than Oct. 16 (30 days, not including the meeting day). The board left the later hearing date open pending review of the submitted briefs and staff analysis. Commissioners emphasized the need to get the jurisdictional question right because any decision could be appealed to district court.
The continuance was granted on a voice vote; the chair will sign the formal order on the continuance and staff will notify parties of the revised schedule.
