August 2010: Colorado Supreme Court Upholds Key Piece of the City of Aurora’s Prairie Waters Project City of Aurora v. Northern Colorado Water Conservancy District 09SA158 (Colo. June 28, 2010) |
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May 2010: Colorado Supreme Court Leaves Unchanged the Court of Appeals Finding that Ground Water Management District Rules May Reduce Well User’s Right to Use below Amount Authorized by Permit Meridian Ranch Metropolitan District v. Colorado Ground Water Commission, ___P.3d___ 09CA0131 |
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April 2010: Colorado Supreme Court Requires Augmentation Plan Applicant to Replace Pre-Application Depletions Well Augmentation Subdistrict of the Central Colorado Water Conservancy District v. City of Aurora 221 P.3d 399 (Colo. 2009) |
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March 2010: Colorado Water Courts Take a Closer Look at Storage Water Rights: Two Pending State Supreme Court Appeals May Result in Additional Limits on Storage Water Rights |
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February 2010: Colorado Supreme Court Examines Whether Prevailing Party Costs Are Available to Parties Supporting State Engineer’s Groundwater Rules in Court Cotton Creek Circles, LLC v. Rio Grande Water Conservation District 218 P.3d 1098 (Colo. 2009) |
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January 2010: Colorado Supreme Court Holds Claimed Conditional Appropriations by Governmental Water Suppliers Lacked Sufficient Evidence Pagosa Area Water and Sanitation Dist. v. Trout Unlimited, ___ P.3d ___ 08SA354 (Colo. Nov. 2, 2009) |
January 2010: News from the West |
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October 2009: Colorado Supreme Court Further Clarifies the ‘Can And Will’ Test for Conditional Water Rights City of Aurora v. ACJ Partnership 08SA222, 209 P.3d 1076 (Colo. 2009) |
July 2009: Colorado Supreme Court Reiterates the Importance of Compliance with State Rules of Civil Procedure In Water Rights Cases Cornelius v. River Ridge Landowners Ass’n. 08SA83, 202 P.3d 564 (Colo. 2009) |
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July 2009: News from the West |
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June 2009: Colorado Supreme Court Rules that Coalbed Methane Wells Must Have Water Well Permits Vance v. Wolfe 07SA293 (Colo. April 20, 2009) |
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June 2009: News from the West |
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May 2009: Colorado Supreme Court Confirms State and Division Engineers’ Authority to Administer Storage Water Rights Based on a Fixed Water Year North Sterling Irrigation District v. Simpson 08SA29 (Colo. March 2, 2009) |
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April 2009: News from the West |
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March 2009: Colorado Supreme Court Imposes New Quantification Requirement for the Adverse Possession of Water Rights Archuleta v. Gomez 08SA109 (Colo. Jan. 20, 2009) |
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January 2009: Colorado Supreme Court Ends 15-Year Case on Proposed Subdivision Water Supply-Augmentation Plan Insufficient for Groundwater Rights Buffalo Park Dev. Co. v. Mountain Mutual Reservoir Co. 184 P.3d 106 (Colo. 2007) |
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January 2009: News from the West |
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November 2008: Colorado Supreme Court Committee Proposes Substantial Changes to Water Court Rules |
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July 2008: News from the West |
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April 2008: aaa aaaa aaa |
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January 2008: Colorado Supreme Court Refines ‘Great and Growing Cities’ Doctrine for Municipal Water Providers Seeking to Meet Future Water Demands Pagosa Area Water and Sanitation District v. Trout Unlimited 06SA338 (Colo. Oct. 22, 2007) |
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November 2007: Colorado High Court Finds Colorado’s ‘Injury’ to Water Rights Analysis Needn’t Be Exact—Can Rest on Undisputed Reasonable Predictions and Assumptions Upper Eagle Regional Water Authority v. Simpson 06SA303 (Colo. Sept. 10, 2007) |
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October 2007: Colorado Supreme Court to Address Groundwater Rules and the Legislatively-Imposed Standard of Sustainability |
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May 2007: Colorado Supreme Court Arguably Rules That an Adjudicated Water Right Is a Prerequisite for Maintaining a Ditch Condemnation Proceeding in District Court Tonko v. Mallow 06SA199 (Colo. March 19, 2007) |
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March 2007: Colorado Supreme Court Finds Stipulated Decree Provision Restricts Certain Water Exports from the Upper Black Squirrel Designated Ground Water Basin Cherokee Metropolitan District v. Simpson 148 P.3d 142 (Colo. Nov. 27, 2006) |
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February 2007: Legal Classifications for Colorado Surface Water Rights Hinge on Showing of Hydrologic Connection with Ground Water Gallegos v. Colorado Ground Water Commission 05SA253 (Colo. Nov. 6, 2006) |
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February 2007: News from the West |
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January 2006: Colorado Supreme Court Limits Water District’s Change Application, Using Consumptive Use Analysis, to Acreage Irrigated at Time of Original Appropriation Central Colorado Water Conservancy District v. Cache La Poudre Water Users Association 05SA120 & 121, (Colo. Nov. 6, 2006) |
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December 2006: Colorado Supreme Court Expands on the ‘Can and Will’ Doctrine in Canceling Major Storage Conditional Water Rights |
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May 2006: Colorado Supreme Court Revisits the Distinction Between Contractual Water Delivery Rights and Adjudicated Water Rights Public Service Company of Colorado v. Meadow Island Ditch Company No. 2 05SA52 (Colo. April 3, 2006) |
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April 2006: The City of Central Decision and the Future Administration of Colorado Water Rights |
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January 2006: Colorado Supreme Court Requires Protection for Instream Flow Water Rights in Plans for Augmentation Colorado Water Conservation Board v. City of Central 04SA145 (Colo. Nov. 28, 2005) |
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December 2005: Colorado Supreme Court Upholds State Engineers’ Order Requiring Ditch Owner to Install Suitable Headgate to Prevent Excess Diversions from Purgatorie River Tatum v. People ex rel. Simpson and Witte, ___P.3d___ 04SA382 (Colo. Nov. 7, 2005) |
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November 2005: The Colorado Supreme Court Makes Clear that Speculation in Water Is Never Allowed, even in a Change of Water Rights Proceeding High Plains A & M, LLC v. Southeastern Colorado Water Conservancy District, ___ P.3d ___ 04SA266, 04SA267 (Colo. Sept. 12, 2005) |
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October 2005: Water Diversions, Water Rights Selective Subordination Issues in Water Court Litigation Move to the Colorado Supreme Court In Re: Application for Water Rights of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District 05SA____; Appeal from the District Court, Water Division No. 1, 02CW335, appeal filed July 18, 2005 (Colo.) |
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August 2005: Colorado Supreme Court Upholds Water Court’s Denial of Applicant’s Change Case for ‘Developed Water’ and Determination that Existing Decree Can Be Re-Opened to Examine Historic Nature and Use Ready Mixed Concrete Company v. Farmers Reservoir and Irrigation Company, et.al., ___ P.3d ____ 04SA285 (Colo. June 13, 2005) |
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July 2005: Colorado Supreme Court Distinguishes Contractual Water Delivery Rights from True Water Rights East Ridge of Fort Collins, LLC v. The Larimer and Weld Irrigation Company, ___P.3d___ 03SA372 (Colo. March 21, 2005) |
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June 2005: Colorado Supreme Court Upholds Water Court’s Determination to Revise Water Use Decree to Allow Greater Nontributary Groundwater Withdrawals East Cherry Creek Valley Water and Sanitation District v. Rangeview Metropolitan District, ___P.3d___ 04SA06 (Colo. March 28, 2005) |
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May 2005: Colorado Supreme Court Reviews First ‘Recreational In-Channel Diversion’ Case under New Legislation Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District, ___P.3d___ 04SA44 (Colo. March 14, 2005) |
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April 2005: Colorado Supreme Court Revisits the Standards for Approval of Augmentation Plans and Clarifies When Attorneys Fees and Costs Are Available In the Matter of the Application of Water Rights of Park County Sportsmen’s Ranch: City of Aurora v. State Engineer 01SA412, (Colo. Jan. 18, 2005) |
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November 2004: Colorado Supreme Court Clarifies the “Can and Will” Test for Conditional Water Rights City of Black Hawk v. City of Central, ___P.2d___ 03SA295 (Colo. Sept. 13, 2004) |
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August 2004: Colorado Supreme Court Upholds State and Division Engineers’ Curtailment of Senior Irrigation Rights at Undecreed Points of Diversion. Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___ (9th Cir. July 13, 2004) |
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April 2004: Colorado Supreme Court upholds State and Division Engineers’ Curtailment of the City of Golden’s Municipal Direct Flow Rights During 2002 Drought City of Golden v. Hal D. Simpson, et al 83 P.3d 87 (Colo. 2004). |
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December 2003: Colorado Supreme Court Expands on Legal Requirements for Water Rights Abandonment East Twin Lakes Ditches and Water Works, Inc. v. Board of County Commissioners of Lake County 76 P.3d 918 (Colo. 2003). |
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November 2003: Colorado Supreme Court Holds that the Anti-Speculation Doctrine Applies to the Allocation and Administration of Designated Ground Water Located within the Denver Basin Aquifers Colorado Ground Water Commission v. North Kiowa- Bijou Ground Water Management District Case No. 02SA216. Slip Op. (Colo. Sept. 8, 2003). |
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October 2003: Colorado Supreme Court Reverses Award of Attorney Fees in Voluntary Dismissal of Water Right Applications When Dismissal Was With Prejudice Groundwater Appropriators of the South Platte River Basin, Inc. v. The City of Boulder 73 P.3d 22 (Colo. 2003). |
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August 2003: Colorado Supreme Court Expands on What Qualifies as “Overt Acts” Furthering Appropriations of Conditional Water Rights Vought v. Stucker Mesa Domestic Pipeline Co Case No. 02SA293, Slip Opinion (Colo. June 16, 2003). |
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August 2003: Development Spurs Revisions in Ditch Easement Case Law in Colorado |
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June 2003: Colorado Supreme Court Pounds Nails into the Coffin of the State Engineer-Approved Temporary Substitute Supply Plans Hal D. Simpson v. Bijou Irrigation Co., et al. Case No. 02SA377, Slip Opinion issued April 30, 2003 |
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May 2003: Colorado Supreme Court Adopts Doctrine of Continuing Nuisance for Groundwater Contamination. Hoery v. United States 2003 Colo. LEXIS 116, Colorado Supreme Court, Case No. 02SA241, (Colo. Feb. 24, 2003). |
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January 2003: Colorado Supreme Court Affirms Denial of Conditional Water Right where Applicant Lacked Permission to Access Federal Land to Appropriate the Water West Elk Ranch, L.L.C. v. U.S. ___P.3d___, Case No. 02SA93 (Colo. Dec. 2002). |
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January 2003: Colorado Supreme Court Finds Conditional Water Right Owners Should Not Lose Rights without Proper Notice of the Impending Cancellation In Re Water Rights of Double RL Co., 54 P.3d 908 (Colo. 2002). |
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October 2002: State Court: Colorado Supreme Court Clarifies that for Ground-water Used Conjunctively, Historic Use of the Ground-water Right Is Necessary for Change to that Right The State Engineer and the Division Engineer for Water Division 3 v. Bradley ___P.3d___,Case No.01SA295 (Colo.Sept.9,2002). |
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July 2002: State Actions: Colorado Supreme Court Looks to Water Amount Diverted and Acreage to Determine if Water Right Change Has Impermissibly Enlarged Farmers Reservoir and Irrigation Company v. City of Golden Case No. 01SA105, Slip Op. (Colo. April 8, 2002) |
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May 2001: Colorado: Supreme Court Finds Special District Plant Investment Fees Not Subject to Constitutional Takings Challenge Marshall B.Krupp And Renate D.Krupp V.Breckenridge Sanitation District No.99sc491 Slip Op (Colo. February 26, 2001) |
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January 2001: Colorado: Supreme Court Upholds Denial of Conditional Water Rights for Large Transmountain Water Diversion Project Board of County Commissioners v. Crystal Creek Home Owners Association, et al. Supreme Court Case No. 98SA327, Slip Opinion Issued (Nov. 20, 2000) |
December 2002: