JUDICIAL DEVELOPMENTS

October 2002

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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

In Colorado, the measure of every water right is the amount decreed through the water adjudication process,as limited by the water right's historic use. In this case, the Colorado Supreme Court clarified what constitutes sufficient evidence to approve an application for change of water right.