JUDICIAL DEVELOPMENTS

March 2007

To read this entire item of approximately 1450 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

Colorado Supreme Court Finds Stipulated Decree Provision Restricts Certain Water Exports from the Upper Black Squirrel Designated Ground Water Basin
Cherokee Metropolitan District v. Simpson

In this case, the Colorado Supreme Court construed a stipulated provision contained in a conditional water rights diligence decree regarding Cherokee Metropolitan District’s (Cherokee) use of water withdrawn from the Upper Black Squirrel Designated Ground Water Basin (UBS Basin) to serve customers outside of the UBS Basin. After finding the stipulated provision ambiguous and reviewing extrinsic evidence in the record, the Supreme Court affirmed the decision of District Court, Water Division No. 2, which found that Cherokee’s use of Cherokee Well Nos. 1-8 (Well Nos. 1-8) outside of the UBS Basin was limited to emergency and backup circumstances when its other wells, the Sweetwater Wells, could not produce a sufficient water supply to meet customer demand that existed when Cherokee agreed to the stipulated provision.