Cyruses win round against SCID

Whose water is it, really?

Judge Stephen Tiktin has determined that Squaw Creek Irrigation District "converted" or took water from the Keith Cyrus family when SCID refused to deliver Cyrus water in a fee dispute in 1999.

The ruling that there was "conversion" sets the stage for a trial on damages, which could allow Cyrus to be reimbursed for legal fees, which could range over $100,000. It is not known if that might be covered by SCID insurance.

SCID refused to deliver Cyrus water from April 23-June 4, 1999, according to the decision.

SCID claimed that it did not divert Cyrus water out of Squaw Creek, therefore did not "take" Cyrus water, merely let it pass down the stream.

The judge determined that to the contrary, SCID "does not allow the water of delinquent users, which it considered plaintiff (Cyrus) to be, to flow past its diversion works.

"It diverts the water and gives it to other users upon demand.... Squaw Creek Irrigation District never gave a thought to treating plaintiffs' water any differently."

Tiktin had scheduled a one day damages hearing for March 12, but SCID advised the court more time may be needed for discovery and the jury trial.