JUDICIAL DEVELOPMENTS

February 2007

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Legal Classifications for Colorado Surface Water Rights Hinge on Showing of Hydrologic Connection with Ground Water
Gallegos v. Colorado Ground Water Commission

In Gallegos, the Colorado Supreme Court examined whether a surface water right holder in a statutorily authorized “designated ground water basin” can challenge nearby groundwater pumping as injurious to its senior rights; and if such challenge is appropriate, which arm of the state has proper jurisdiction over the matter. The Court concluded in the affirmative that the surface right owner could bring a claim of injury to its rights, despite being located in a designated ground water basin.