concurring in part and dissenting in part:
The majority affirms the water court’s holding recognizing Berthoud’s 3 c.f.s. water right as senior to all others on the Big Thompson River and reverses the water court’s determination that Berthoud partially abandoned its 3 c.f.s. water right and remands for additional findings on abandonment. Maj. op. at 262, 267. I agree with the majority that the water court correctly determined that Berthoud’s 3 c.f.s. water right for domestic purposes is the first priority water right with respect to all uses. I disagree, however, with the majority’s conclusion that the water court employed a faulty legal premise in determining that Berthoud abandoned its right to divert water under its 3 c.f.s. water right during non-irrigation months. See maj. op. at 267. I also disagree with the majority’s conclusion that “the water court apparently considered it unnecessary to make findings of fact on abandonment and it made no such findings.” Maj. op. at 267. Moreover, I would hold that the record supports the water court’s determination that Berthoud partially abandoned its 3 c.f.s. water right. Therefore, I see no need for remand and would affirm the water court’s finding of partial abandonment. Accordingly, I concur in Part II of the majority opinion and respectfully dissent from Part III of that opinion.
I.
I agree generally with the factual background set out in the majority opinion. I elaborate, however, on the evidence that is relevant to the abandonment issue.
During the four-day trial on Berthoud’s application for alternate points of diversion, the Mayor of Berthoud, Richard Strachan, testified that the pipeline contemplated by the 1916 water right decree for transportation of water from Berthoud’s decreed point of diversion to its place of storage — a distance of about thirteen miles — was never constructed and that Berthoud had no concrete plans to build the pipeline. Mayor Strachan further testified that general engineering studies of Berthoud’s water situation were undertaken in the 1960s and 1970s, but no other specific actions were taken by Ber-thoud to develop the pipeline. According to Mayor Strachan and other witnesses, the population growth of Berthoud remained stagnant from 1910 to I960,7 thus Berthoud did not need the water during that time. Berthoud’s population increased dramatically from 1960 to 1990. As Berthoud’s population increased so did its demand for water, thereby putting pressure on the town’s water supply during non-irrigation months. In 1960 and 1967, engineering studies of Berthoud’s water system were conducted but they did not specifically address the pipeline. An engineering study conducted in 1973 considered the pipeline as an alternative for obtaining an adequate water supply and estimated the cost at $1,687,500. Another such study in 1979 also considered the pipeline alternative and included a cost estimate of $2,981,000 for constructing such a pipeline.8 The latter report did not specifically recommend any of the several alternatives considered but assigned the highest priority to pursuing a change in the point of diversion of Berthoud’s existing direct flow rights rather than constructing the pipeline. Mayor Strachan testified that Berthoud did nothing further with regard to the pipeline after 1979.
*269Mayor Strachan, as well as other witnesses, testified that it has not been economically feasible for Berthoud to construct the pipeline necessary to divert its 3 e.f.s. water right during non-irrigation months. Another witness for Berthoud testified that the pipeline had been “researched, discussed and basically eliminated as an economically unfeasible solution to this thing.” The evidence indicated that Berthoud brought the present action for alternate points of diversion because it had concluded that constructing the pipeline was not economically feasible, it was not possible to transport any of its water during non-irrigation months in the Handy Ditch due to seepage and evaporation, and no other method existed for transporting the water to Berthoud.
Upon hearing the evidence presented, the water court made a brief ruling from the bench that was followed by written Findings of Fact, Conclusions of Law and Decree of the Water Court, dated October 6, 1993. In its oral findings, the water court stated that “it appears to me that the portion of the decree in the 1916 ease which provided under certain conditions for a wintertime use of the 3 cfs water has been abandoned. And long since, too.” (Emphasis added). Berthoud now cross-appeals the water court’s determination that Berthoud partially abandoned its 3 c.f.s. water right.
II.
I agree with the majority that abandonment requires a concurrence of nonuse and the intent to abandon. § 37-92-103(2), 15 C.R.S. (1990) (defining “abandonment of a water right” as “the termination of a water right in whole or in part as a result of the intent of the owner thereof to discontinue permanently the use of all or part of the water available thereunder.”); People v. City of Thornton, 775 P.2d 11, 17 (Colo.1989); Southeastern Colorado Water Conservancy Dist. v. Twin Lakes Associates, Inc., 770 P.2d 1231, 1237 (Colo.1989); Beaver Park Water, Inc. v. City of Victor, 649 P.2d 300, 302 (Colo.1982); Farmers Reservoir & Irrigation Co. v. Fulton Irrigating Ditch Co., 108 Colo. 482, 487, 120 P.2d 196, 199 (1941). Continued and unexplained nonuse of a water right for an unreasonable period of time establishes a rebuttable presumption of intent to abandon. E.g., City and County of Denver v. Snake River Water Dist., 788 P.2d 772, 776 (Colo.1990); City of Thornton, 775 P.2d at 18.9 The presumption of abandonment shifts the burden of going forward to the water right owner to produce evidence that the water right owner did not intend to abandon the water right notwithstanding the long period of nonuse that gave rise to the presumption. Snake River Water Dist., 788 P.2d at 776; City of Thornton, 775 P.2d at 18. We have recognized that the presumption of abandonment may be rebutted by evidence of a justifiable excuse for the non-use, “but acceptable justifications for an unreasonable period of nonuse are extremely limited.” Twin Lakes, 770 P.2d at 1238.
Abandonment of a water right must be established by a preponderance of the evidence. Snake River Water Dist., 788 P.2d at 776; City of Thornton, 775 P.2d at 19. Resolution of the issue of abandonment often involves conflicting evidence of nonuse and intent. “ ‘Because abandonment is a question of fact depending on the particular circumstances of each case, the water court’s resolution of the factual issues presented will not be disturbed on appeal unless the evidence is wholly insufficient to support the decision.’ ” Snake River Water Dist., 788 P.2d at 776 (quoting City of Thornton, 775 P.2d at 19). An appellate court reviewing a trial court’s factual determination, such as a water court’s finding of abandonment, is obligated to search the record for evidence supporting *270the trial court’s determination. See Simpson v. Yale Investments, Inc., 886 P.2d 689, 698 (Colo.1994) (concerning issue of injurious effect in considering plan for augmentation); Peterson v. Ground Water Comm’n, 195 Colo. 508, 516, 579 P.2d 629, 635 (1978) (concerning issue of availability of water in considering application to appropriate designated ground water).
III.
Applying the foregoing principles to the facts of the present case, I conclude that the water court applied the correct legal standard and made adequate findings of fact, and that the record supports the water court’s determination that Berthoud abandoned the use of its 3 c.f.s. water right during the period from November 1 to April 26 of each year. Accordingly, I would affirm the water court’s finding of partial abandonment and thus respectfully dissent from Part III of the majority’s opinion.
The majority first states that the water court’s finding of abandonment was based on a faulty legal premise. Maj. op. at 267. Specifically, the majority concludes that “[t]he water court erroneously equated Ber-thoud’s failure to build a pipeline with abandonment of its winter water right.” Maj. op. at 267. I disagree with the majority’s analysis.
The water court, in its written decree, clearly set out the correct legal standard for determining whether a water right has been abandoned.10 The water court’s oral reference to building the pipeline as a “condition precedent” to the winter water right, upon which the majority heavily relies to support its conclusion, is better understood in the context of the water court’s oral findings, which preceded its written decree. The evidence indicated court found that the only way for Berthoud to obtain water by exercise of its 3 c.f.s. water right during the winter months was to build the pipeline. This was true because of the seepage and evaporation loss in transporting water approximately thirteen miles in the unlined Handy Ditch. Thus, in considering the evidence presented to the water court — including the fact that Berthoud never built the pipeline, had no plan to build the pipeline, and had no other way to divert the water — the water court applied the correct legal analysis to determine whether Berthoud rebutted the presumption of an intent to abandon that arose from seventy-six years of nonuse. Therefore, I would hold that the water court set out, and applied, the correct legal standard for determining whether a water right has been abandoned.11
The majority then concludes that “the water court apparently considered it unnecessary to make findings of fact on abandonment and it made no such findings.” Maj. op. at 267. I also disagree with this conclusion. Although the water court did not set out detailed findings of fact on the abandonment issue, the water court expressly based its finding of partial abandonment on the evidence presented. As noted above, the water court found that Berthoud never built the pipeline and had no intent to build the pipeline. The evidence further indicated that Berthoud had no way to divert the water during non-irrigation months in the Handy *271Ditch due to seepage and evaporation and that no other method existed for transporting the water to Berthoud. Moreover, the issue of abandonment is itself a question of fact, see, e.g., City of Thornton, 775 P.2d at 19, and in finding partial abandonment, the water court necessarily considered and weighed all the evidence. Therefore, I would hold that the water court adequately set out its findings of fact on the issue of abandonment.
Finally, I would hold that the record supports the water court’s finding of partial abandonment. It is indisputable that Ber-thoud has never put its 3 e.f.s. water right to beneficial use during non-irrigation months. The period of nonuse in the present case began as of the date of the decree, June 29, 1916, and continued up to the time of trial, which commenced in February of 1992. Thus, the period of nonuse in the present case, seventy-six years, creates a presumption that Berthoud intended to abandon the winter use of its 3 c.f.s. water right.
Berthoud attempts to justify its failure to put its 3 c.f.s. water right to a beneficial use during non-irrigation months on two grounds. First, Berthoud claims that it did not need the water from approximately 1910 to 1960 because its population was not increasing. Second, Berthoud claims that diverting the water, especially by building the pipeline referred to in the 1916 decree, was not economically feasible. I am not persuaded that either justification requires a finding that the presumption of abandonment has been rebutted. See, e.g., Mason v. Hills Land & Cattle Co., 119 Colo. 404, 408-09, 204 P.2d 153, 156 (1949) (“[T]o rebut the presumption of abandonment arising from [a] long period of nonuse, there must be established not merely expressions of desire or hope or intent, but some fact or condition excusing such long nonuse.”); Twin Lakes, 770 P.2d at 1238 (“Nonuse resulting from present economic difficulties, coupled with an expectation of a more favorable economic climate for future use, will not constitute justifiable excuse.”) (citing CF & I Steel Corp. v. Purgatoire River Water Conservancy Dist., 183 Colo. 135, 140, 515 P.2d 456, 458 (1973)).12 Thus, I would affirm the trial court’s finding that “the portion of the decree in the 1916 case which provided under certain conditions for a wintertime use of the 3 cfs water has been abandoned. And long since, too.”
IV.
In sum, I agree with the majority’s holding that the water court did not err in determining that Berthoud’s 3 c.f.s. water right for domestic purposes is a first priority right on the Big Thompson River with respect to all uses. I disagree, however, with the majority’s conclusion that the water court applied an erroneous legal premise in finding a partial abandonment of Berthoud’s 3 c.f.s. water right. I also disagree with the majority’s conclusion that the water court failed to make the necessary findings of fact on the issue of abandonment. Moreover, I would affirm the water court’s finding of partial abandonment because Berthoud failed to divert water under its 3 c.f.s. water right during non-irrigation months for a period of seventy-six years, thereby creating a presumption of abandonment, and the record supports the water court’s determination that Berthoud failed to rebut that presumption of abandonment. Accordingly, I concur in Part II of the majority opinion and respectfully dissent from Part III of that opinion.
ERICKSpON and SCOTT, JJ., join in this concurrence and dissent.
. For example, Berthoud’s population totaled 811 people in both the 1930 and 1940 United States census.
. According to the 1979 engineering report, the pipeline would be 71,850 feet — more than thirteen miles — in length.
. Depending on the circumstances of the case, we have held that various periods of nonuse have been unreasonable, thereby creating a presumption of abandonment. See, e.g., Beaver Park, 649 P.2d at 302 (twenty years of nonuse established prima facie case of abandonment); CF & I Steel Corp. v. Purgatoire River Water Conservancy Dist., 183 Colo. 135, 139, 515 P.2d 456, 458 (1973) (fifty-four years of nonuse was unreasonable); Farmers, 108 Colo. at 496, 120 P.2d at 203 (forty years of nonuse was unreasonable); see also § 37-92-402(1), (11), 15 C.R.S. (1990) (failing to apply water available under a water right to a beneficial use for a period of ten years creates a rebuttable presumption of abandonment for purposes of the division engineer and the state engineer in preparing the 1978 tabulation and abandonment list).
. In paragraph 26 of the written decree, dated October 6, 1993, the water court stated:
An unreasonably lengthy period of nonuse is sufficient to create a presumption of the owner's intent to abandon a water right. This requires the owner to produce some evidence supporting an assertion that the owner did not intend to abandon the water right. Water Rights of Masters Inv. Co., Inc. v. Irrigationists Ass’n, 702 P.2d 268 (Colo.1985).
. The majority rejects the water court's analysis on the basis that in bringing the present action, Berthoud demonstrated that “it had found an alternative way to transport the water.” Maj. op. at 15. There was ample evidence, however, that Berthoud's subsequent actions — including initiating the present lawsuit — occurred after the wintertime use of the 3 c.f.s. had already been abandoned. Such later actions cannot revive the abandoned water right. See Parsons v. Fort Morgan Reservoir & Irrigation Co., 56 Colo. 146, 152, 136 P. 1024, 1026 (1913) ("From these circumstances it could be inferred that an abandonment had taken place before the attempt to use the water in 1905. If this were true then the use in 1905 would not revive rights which had been lost by abandonment.”); Farmers, 108 Colo. at 486, 120 P.2d at 199 ("After abandonment becomes an accomplished fact, the attempt to exercise the abandoned right differs in no respect from an attempt by one who never had a right....”).
. Moreover, our system of prior appropriation is based on a strong public policy that water, a scarce and valuable resource, should be put to its maximum beneficial use. See, e.g., § 37-92-102(l)(a), 15 C.R.S. (1990) ("It is hereby declared to be the policy of the state of Colorado ... to maximize the beneficial use of all of the waters of this state.”); State Eng'r v. Castle Meadows, Inc., 856 P.2d 496, 505 (Colo.1993); Fellhauer v. People, 167 Colo. 320, 336, 447 P.2d 986, 994 (1968) (noting that the policy of maximum utilization of water is implicit in the Colorado Constitution).