JUDICIAL DEVELOPMENTS

November 2007

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Colorado High Court Finds Colorado’s ‘Injury’ to Water Rights Analysis Needn’t Be Exact—Can Rest on Undisputed Reasonable Predictions and Assumptions
Upper Eagle Regional Water Authority v. Simpson

In this case, the Colorado Supreme Court examined the Upper Eagle Regional Water Authority’s (UERWA) application for augmentation and exchange that would allow out-of-priority depletions to serve customers within its service area. After reviewing the evidence, the Court affirmed the Water Court’s decision, ruling that UERWA’s application would not cause injury to other water rights, and claim preclusion did not bar the consideration of changed circumstances surrounding earlier dated engineering tables.