In an appeal from the district court's denial of a prospective intervenor's motion to intervene in a water rights dispute, the order is vacated with instructions to dismiss the motion where a proposed intervenor could not establish standing, and thus federal court jurisdiction over its motion to intervene, by "piggybacking" on the standing of an existing party to a lawsuit over which the district court had retained jurisdiction but within which there was no current, active dispute among the parties.
Filed November 25, 2009
Opinion by Judge Ebel
Bennett Raley, Mary M. Hammond and William A. Paddock, Carlson, Hammond
& Paddock, LLC, Denver, CO