JUDICIAL DEVELOPMENTS

January 2006

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Colorado Supreme Court Requires Protection for Instream Flow Water Rights in Plans for Augmentation
Colorado Water Conservation Board v. City of Central

In this en banc decision, the Colorado Supreme Court examined whether, under C.R.S. § 37-92-305, a plan for augmentation must include terms and conditions to protect an instream flow water right from injury, even if the augmented water rights have priority dates senior to the instream flow.