JUDICIAL DEVELOPMENTS

January 2008

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Colorado Supreme Court Refines ‘Great and Growing Cities’ Doctrine for Municipal Water Providers Seeking to Meet Future Water Demands
Pagosa Area Water and Sanitation District v. Trout Unlimited

On October 22, 2007, the Colorado Supreme Court addressed the legal limitations on the ability of a municipal type water supplier to acquire water rights for future populations and growing water demands. This is a key “hot” topic in Colorado and most Western states where municipal providers must begin acquiring water resources now, because of the time it takes to secure rights and fund and construct water projects, to meet population projections 50 or more years in the future.