JUDICIAL DEVELOPMENTS

January 2010

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Colorado Supreme Court Holds Claimed Conditional Appropriations by Governmental Water Suppliers Lacked Sufficient Evidence
Pagosa Area Water and Sanitation Dist. v. Trout Unlimited, ___ P.3d ___

In this case, the Colorado Supreme Court reversed a conditional water right decree issued by the Division No. 7 Water Court and remanded the case for further proceedings. We first reported on this case in the article, “Colorado Supreme Court Refines ‘Great and Growing Cities’ Doctrine for Municipal Water Providers Seeking to Meet Future Water Demands.” 12 West. Water L. & Pol’y Rptr. 89 (Jan. 2008). The decision in the instant case and this article further highlight the legal elements a governmental water agency must demonstrate to obtain a conditional water right.