RECENT STATE DECISIONS

June 2003

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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.

In a decision filed April 30, 2003, the Colorado Supreme Court affirmed their earlier position taken in Empire Lodge Homeowner's Ass'n v. Moyer, 39 P.3d 1139 (Colo. 2002), that the approval of augmentation plans was expressly vested in the water courts and the State Engineer was without authority to approve temporary substitute supply plans except for the four limited circumstances set out in S 37-92-308, 10 C.R.S. (2002) which allow the State Engineer to grant temporary substitute supply plan approval.