JUDICIAL DEVELOPMENTS

November 2005

To read this entire item of approximately 1800 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

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 ___

In these companion cases, the applicants-appellants sought to change the historic consumptive use associated with irrigation under approximately 38 percent of a ditch company’s shares. The Colorado Supreme Court ruled that the Colorado “anti-speculation doctrine,” normally applied in the context of applications for “conditional” water rights and which requires applicants for new appropriations to show bona fide interests in the lands, facilities or end users to be served and specific plans to divert water for identified beneficial uses, applied equally to changes of water rights.