FEATURE ARTICLE

April 2006

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The City of Central Decision and the Future Administration of Colorado Water Rights

On November 28, 2005, in Colorado Water Conservation Board v. City of Central, 125 P.3d 424 (Colo. 2005), the Colorado Supreme Court in a unanimous decision ruled that an applicant for an augmentation plan seeking to make new out-of-priority depletions must include terms and conditions sufficient to protect existing Colorado Water Conservation Board (CWCB) instream flow rights from injury.