LAWSUITS FILED OR PENDING

August 2007

To read this entire item of approximately 2400 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 Water Court Rules Produced Water from Coalbed Methane Extraction Subject to Prior Appropriation Doctrine and State Administration
Vance v. Simpson

On July 2, 2007, the Water Court for Division 7 examined on motions for summary judgment whether groundwater withdrawn in the course of coalbed methane (CBM) production is subject to Colorado water laws and authority of the Colorado State Engineer. The court ruled in favor of the plaintiffs and concluded that an oil and gas well that produces and exposes potentially tributary groundwater is subject to the well permitting requirements of the Colorado Ground Water Management Act (Ground Water Act). Moreover, the court held that the pumping of water in CBM extraction is a diversion and benefi-cial use and thus constitutes an appropriation under Colorado’s prior appropriation doctrine as established in the Colorado Constitution and codified in the Water Right Determination and Administration Act of 1969 (1969 Water Act).