JUDICIAL DEVELOPMENTS

October 2004

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Motions for Summary Judgment Pending against Colorado State Engineer Seeking Determination of “Senior First Rule” and “Selective Subordination” Principles of Water Rights
City of Golden v. State and Division Engineer for Water Division 5, et al., Colorado Water Court

In August of 2003, the City of Golden filed a Complaint for Declaratory and Injunctive Relief against the State Engineer and the Division Engineer for Water Division 5 (collectively, Colorado), which could have far-reaching implications for many water users in Colorado. The case seeks determination of two unsettled principles of water right administration: the so-called “senior first rule,” and administration of “selective subordinations.” In June, 2004, the City of Golden filed a Motion for Summary Judgment, to which Colorado filed a Response and a Cross Motion for Partial Summary Judgment in August, 2004. These motions are now pending before the water court.