JUDICIAL DEVELOPMENTS

January 2009

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Colorado Supreme Court Ends 15-Year Case on Proposed Subdivision Water Supply-Augmentation Plan Insufficient for Groundwater Rights
Buffalo Park Dev. Co. v. Mountain Mutual Reservoir Co.

In this case, the Colorado Supreme Court upheld the Water Court’s dismissal of a water supply plan for three of five proposed subdivisions. This case involved an appeal of the Water Court’s order on remand from Shirola v. Turkey Canon Ranch Ltd. Liab. Co., 937 P.2d 739 (Colo. 1997). In that case, the Colorado Supreme Court held that small capacity well owners had standing to challenge a proposed subdivision water supply plan in Water Court, and that by filing to decree their wells, the owners could allege injury to their water rights.