JUDICIAL DEVELOPMENTS

November 2003

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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

In a decision filed September 8, 2003, the Colorado Supreme Court held that the recent amendment to the Colorado Groundwater Management Act (CGMAC.R.S. § 37-90-107(7), and implementing provisions (House Bill 98-1151), concerning the water right determination and administration of designated basin ground water contained in the aquifers of the Denver Basin is constitutional. The Supreme Court also held, although not unanimously, that the anti-speculation doctrine applies to the Ground Water Commission’s determination of an applicant’s right to use designated Denver Basin ground water.