Your path: Home) Archive Page) Locations) Colorado All State May 2010: Colorado Passes Legislation Increasing the Requirement of Electricity Generated From Renewable Sources to 30 Percent By 2020 March 2010: Colorado Water Courts Take a Closer Look at Storage Water Rights: Two Pending State Supreme Court Appeals May Result in Additional Limits on Storage Water Rights February 2010: Colorado Supreme Court Examines Whether Prevailing Party Costs Are Available to Parties Supporting State Engineer’s Groundwater Rules in Court Cotton Creek Circles, LLC v. Rio Grande Water Conservation District 218 P.3d 1098 (Colo. 2009) August 2009: The Colorado Legislature Passes Two New Laws that Allow for Rainwater Harvesting July 2009: Colorado Supreme Court Reiterates the Importance of Compliance with State Rules of Civil Procedure In Water Rights Cases Cornelius v. River Ridge Landowners Ass’n. 08SA83, 202 P.3d 564 (Colo. 2009) April 2009: Climate Change and Water in Colorado March 2009: Colorado Supreme Court Imposes New Quantification Requirement for the Adverse Possession of Water Rights Archuleta v. Gomez 08SA109 (Colo. Jan. 20, 2009) November 2008: Colorado Supreme Court Committee Proposes Substantial Changes to Water Court Rules July 2008: Colorado Governor Enacts Legislation to Protect and Preserve Colorado’s Water Resources July 2008: News from the West June 2008: Rainwater Harvesting Catches the Attention of State and Local Goverment June 2008: Second Circuit Let’s Stand Connecticut DEP’s Denial of Water Quality Certification to Build Gas Pipeline from Connecticut to New York across Long Island Sound Islander East Pipeline v. McCarthy (Commissioner of Connecticut Department of Environmental Protection), ___F.3d___ 06-5764-AG (2nd Cir. May 2, 2008) April 2008: aaa aaaa aaa December 2007: Climate Change and Water in Colorado November 2007: 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 06SA303 (Colo. Sept. 10, 2007) October 2007: Colorado Supreme Court to Address Groundwater Rules and the Legislatively-Imposed Standard of Sustainability August 2007: Colorado Water Court Rules Produced Water from Coalbed Methane Extraction Subject to Prior Appropriation Doctrine and State Administration Vance v. Simpson 05CW063, (Colorado District Court, Water Division 7, July 2, 2007) July 2007: Colorado State Engineer Adopts New Written Instructions and Orders for Division Engineers Regarding Water Rights and Storage and Power Generation June 2007: ‘Colorado Water for the 21st Century Act’ Receiving Mixed Reviews April 2007: Colorado Legislature Seeks to Fill Gaps in Water Law and Administration February 2007: Legal Classifications for Colorado Surface Water Rights Hinge on Showing of Hydrologic Connection with Ground Water Gallegos v. Colorado Ground Water Commission 05SA253 (Colo. Nov. 6, 2006) October 2006: Colorado Legislature Paves the Way for Adjudication of Rotational Crop Management Contracts to Facilitate Agricultural-to-Municipal Water Transfers while Continuing Historical Irrigation August 2006: Colorado Court of Appeals Denies District Court Jurisdiction for Claims of Adverse Possession of Water Rights Archuleta v. Gomez 04CA2231 (Colo.App. May 4, 2006) June 2006: Colorado Legislature Approves Interbasin Compact Committee Charter Paving the Way for Unprecedented Intrastate Water Compact Negotiations between River Basins April 2006: The City of Central Decision and the Future Administration of Colorado Water Rights March 2006: Colorado: Groundwater Management, Conjunctive Use and Water Banking October 2005: Environmental Enforcement: California and Other States Grapple with Land Use Covenants on Federal Property September 2005: Colorado: Water Supply and the Land Use Connection March 2005: COLORADO: Interstate and International Water Issues February 2005: Colorado Water Conservation Board Issues Final Report on the Statewide Water Supply Initiative. September 2004: COLORADO: Enforcement of Water Quality Regulation and Penalties July 2004: Legislation Enacted to Repeal Colorado’s Water Right Administration Fee Program. March 2004: Colorado: Endangered Species Act Issues Impacting Water Supply January 2004: Colorado State Engineer Implements Fee Program for Funding Water Rights Administration November 2003: Tenth Circuit Allows State Of Colorado’s Late Cost Recovery Claim State of Colorado v. Sunoco, et als. ___F.3d___, Case No. 02-1014 (10th Cir. Aug. 5, 2003). October 2003: Colorado Voters Presented with Divisive Ballot Initiative Concerning Water Storage Projects September 2003: Colorado: Issues Facing the State’s Rivers and Streams August 2003: Development Spurs Revisions in Ditch Easement Case Law in Colorado March 2003: COLORADO: Meeting Water Needs in the Face of Diminished Supply - The Role of Water Conservation and Reuse January 2003: Colorado Supreme Court Finds Conditional Water Right Owners Should Not Lose Rights without Proper Notice of the Impending Cancellation In Re Water Rights of Double RL Co., 54 P.3d 908 (Colo. 2002). September 2002: COLORADO: Groundwater Management, Conjunctive Use and Water Banking July 2002: Colorado Drought Triggers Policy Responses June 2002: Colorado Close to Passing Legislative Compromise on Instream Flows June 2002: Colorado District Court Finds No Reason to Stay Clean Water Act Citizen Suit, Despite Existence of Pending State Agency Proceeding on Discharge Sierra Club, et al. v. El Paso Gold Mines, Inc. ___F.Supp.2d___, Civil Action No. 01-PC-2163 (D. Colo. April 12, 2002). March 2002: COLORADO: Clean Water Act Issues Impacting Water Supply July 2001: Federal/New Mexico: Tenth Circuit Overhauls Critical Habitat Designations Specifically Rejecting the FWS' "Baseline Approach" to Economic Analyses New Mexico Cattle Growers Associations, et al. v. United States Fish & Wildlife Service et al. 248 F.3d 1277 (10th Cir. May 11, 2001) May 2001: Colorado: Will Water Banking Survive the 2001 Legislative Session? April 2001: U.S. Announces Three Superfund Site Settlements in New York, Colorado, and Pennsylvania; $46 Million in Costs to be Paid United States v. Goodyear Tire & Rubber Co. No. 96-CV-07215 (W.D. N.Y., settlement filed on Jan) United States v. Berks Assocs. No. 91-4868 (E.D. Pa., settlement filed Jan. 19, 2001). April 2001: Hydropower in the West: The Impact of Environmental Regulations January 2001: Court Declines to Vacate Opinion Regarding EPA Final Administrative Order when EPA Vacates Order before Appeal Is Heard Amoco Oil Company v. United States Environmental Protection Agency ___F.3d___,No.99-1534 (10th Cir. Oct. 31, 2000) Arapahaoe Aquifer June 2005: Colorado Supreme Court Upholds Water Court’s Determination to Revise Water Use Decree to Allow Greater Nontributary Groundwater Withdrawals East Cherry Creek Valley Water and Sanitation District v. Rangeview Metropolitan District, ___P.3d___ 04SA06 (Colo. March 28, 2005) Arapaho County April 2003: EPA to Require Clean Air Act Title V Permits for State's Stationary Sources: Is California's Agricultural Industry a Harbinger of Future Regulation Nationwide? January 2003: Colorado Supreme Court Affirms Denial of Conditional Water Right where Applicant Lacked Permission to Access Federal Land to Appropriate the Water West Elk Ranch, L.L.C. v. U.S. ___P.3d___, Case No. 02SA93 (Colo. Dec. 2002). January 2001: Colorado: Supreme Court Upholds Denial of Conditional Water Rights for Large Transmountain Water Diversion Project Board of County Commissioners v. Crystal Creek Home Owners Association, et al. Supreme Court Case No. 98SA327, Slip Opinion Issued (Nov. 20, 2000) Archuleta County January 2010: 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 ___ 08SA354 (Colo. Nov. 2, 2009) January 2008: 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 06SA338 (Colo. Oct. 22, 2007) Arkansas River December 2008: Colorado State Engineer Considers Revisions to Rules Governing Increased Irrigation Efficiency of Surface Water Irrigation in the Arkansas River Basin November 2005: The Colorado Supreme Court Makes Clear that Speculation in Water Is Never Allowed, even in a Change of Water Rights Proceeding High Plains A & M, LLC v. Southeastern Colorado Water Conservancy District, ___ P.3d ___ 04SA266, 04SA267 (Colo. Sept. 12, 2005) January 2005: U.S. Supreme Court Affirms Special Master’s Fourth Report and Settles (for Now) Longstanding Litigation between Kansas and Colorado Kansas v. Colorado, 543 U.S.___ 105 (U.S. Dec. 7, 2004) Arkansas River Basin April 2009: News from the West March 2008: Colorado ‘Super Ditch Company’—A Lower Arkansas Valley Effort to Preserve Agricultural Water Rights April 2003: Colorado Legislature Addresses Water Issues in Current Session Aurora August 2010: Colorado Supreme Court Upholds Key Piece of the City of Aurora’s Prairie Waters Project City of Aurora v. Northern Colorado Water Conservancy District 09SA158 (Colo. June 28, 2010) April 2010: Colorado Supreme Court Requires Augmentation Plan Applicant to Replace Pre-Application Depletions Well Augmentation Subdistrict of the Central Colorado Water Conservancy District v. City of Aurora 221 P.3d 399 (Colo. 2009) November 2009: Colorado City, Water District, and U.S. Agree to Stay of Litigation to Pursue Federal Legislation to Legitimize Its Use of Arkansas River Water October 2009: Colorado Supreme Court Further Clarifies the ‘Can And Will’ Test for Conditional Water Rights City of Aurora v. ACJ Partnership 08SA222, 209 P.3d 1076 (Colo. 2009) December 2008: News from the West July 2001: Colorado: Water Court Denies Withdrawal Application, Finding Modeling Inadequate to Prove Senior Appropriators Would Not Be Impacted Concerning the Application for Water Rights of The Park County Sportsmen’s Ranch Case No.96 CW 14, Water Division No.1 Bayfield December 2009: District Court in Colorado Finds 1891 Act Right of Way For Reservoir Does Not Vest upon Construction Pine River Irrigation District v. U.S., ___F.Supp.2d___ 04-CV-01463-JLK (D. Colo. 2009) Black Hawk November 2004: Colorado Supreme Court Clarifies the “Can and Will” Test for Conditional Water Rights City of Black Hawk v. City of Central, ___P.2d___ 03SA295 (Colo. Sept. 13, 2004) Breckenridge May 2001: Colorado: Supreme Court Finds Special District Plant Investment Fees Not Subject to Constitutional Takings Challenge Marshall B.Krupp And Renate D.Krupp V.Breckenridge Sanitation District No.99sc491 Slip Op (Colo. February 26, 2001) Butte County August 2005: U.S. Fish and Wildlife Service Considers Excluding Developing Areas from Vernal Pool Species Critical Habitat Based upon Draft Economic Impact Analysis Butte Environmental Council v. Norton Civ. 04-CV-00096 ( E.D. Cal.) Cache La Poudre River January 2006: Colorado Supreme Court Limits Water District’s Change Application, Using Consumptive Use Analysis, to Acreage Irrigated at Time of Original Appropriation Central Colorado Water Conservancy District v. Cache La Poudre Water Users Association 05SA120 & 121, (Colo. Nov. 6, 2006) July 2005: Colorado Supreme Court Distinguishes Contractual Water Delivery Rights from True Water Rights East Ridge of Fort Collins, LLC v. The Larimer and Weld Irrigation Company, ___P.3d___ 03SA372 (Colo. March 21, 2005) Central April 2006: The City of Central Decision and the Future Administration of Colorado Water Rights January 2006: Colorado Supreme Court Requires Protection for Instream Flow Water Rights in Plans for Augmentation Colorado Water Conservation Board v. City of Central 04SA145 (Colo. Nov. 28, 2005) November 2004: Colorado Supreme Court Clarifies the “Can and Will” Test for Conditional Water Rights City of Black Hawk v. City of Central, ___P.2d___ 03SA295 (Colo. Sept. 13, 2004) Colorado River August 2008: Colorado Water Conservation Board Considers Amendments to its Rules forInstream Flow and Natural Lake Level Program July 2008: While Colorado Eyes an Abundant Snowpack, California Governor Declares Drought December 2005: Tenth Circuit Finds the Clean Water Act Criminalizes Any Act of Negligence that Leads to Pollutant Discharge United States v. Ortiz, ___F.3d___ 04-1228, (10th Cir. Nov. 1, 2005) April 2003: Colorado Legislature Addresses Water Issues in Current Session January 2003: U.S. Secretary of the Interior Prepares to Ratchet Back California's Use of Colorado River Water December 2002: Imperial Irrigation District Water Transfer Scheduled to Be Finalized before December 31, 2002 Deadline February 2001: Metropolitan Water District Considers Definitive Terms of Agreement for the Cadiz Groundwater Storage Project Colorado Springs October 2005: Tenth Circuit Rules that Passive Leaching of Pollutants from Inactive Mine may Require Owner to Obtain Clean Water Act permit Sierra Club v. El Paso Gold Mines, Inc., ___F.3d___ 03-1105 (10th Cir. Aug. 24, 2005) Creede May 2008: District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed Wason Ranch Corporation v. Hecla Mining Company et al., ___F.Supp.2d___ 07-cv-00267 (D. Colo. March 31, 2008) Cripple Creek November 2006: News from the West: Clean Water Act Litigation—Federal District Courts Address ‘Navigable Waters’ with Texas’ Intermittent Creeks; ‘Ongoing’ Water Pollution from Mining in Alaska; and Collateral Estoppel Principles in Mining Pollution Case in Colorado U.S.A. v. Chevron Pipeline Co., 437 F. Supp.2d 605 (N.D. Tex. 2006); Adams v. Teck Cominco Alaska, Inc., ___F.Supp.2d___ 3:04-CV-00049-JWS (D. Alaska July 28, 2006) Custer County August 2004: Colorado Supreme Court Upholds State and Division Engineers’ Curtailment of Senior Irrigation Rights at Undecreed Points of Diversion. Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___ (9th Cir. July 13, 2004) Delta County August 2003: Colorado Supreme Court Expands on What Qualifies as “Overt Acts” Furthering Appropriations of Conditional Water Rights Vought v. Stucker Mesa Domestic Pipeline Co Case No. 02SA293, Slip Opinion (Colo. June 16, 2003). Denver April 2010: Tenth Circuit Clarifies ‘Imminent and Substantial Endangerment’ Analysis under RCRA Crandall v. Denver, ___F.3d___ 08-1197 (10th Cir. Feb. 8, 2010) August 2008: District Court Let Stand Strict Liability Claim Premised on Allegation that Use of Dry Cleaning Chemicals Constitutes an Ultrahazardous Activity Effkay Enterprises v. J.H. Cleaners, Inc., ___F.Supp.2d___ 07-cv-02521 (D. Colo. June 5, 2008) February 2008: Adrift in the Water: Key Provisions of the Water Quality Program Remain Untethered June 2005: Colorado Supreme Court Upholds Water Court’s Determination to Revise Water Use Decree to Allow Greater Nontributary Groundwater Withdrawals East Cherry Creek Valley Water and Sanitation District v. Rangeview Metropolitan District, ___P.3d___ 04SA06 (Colo. March 28, 2005) November 2003: Colorado Supreme Court Holds that the Anti-Speculation Doctrine Applies to the Allocation and Administration of Designated Ground Water Located within the Denver Basin Aquifers Colorado Ground Water Commission v. North Kiowa- Bijou Ground Water Management District Case No. 02SA216. Slip Op. (Colo. Sept. 8, 2003). El Paso County May 2010: Colorado Supreme Court Leaves Unchanged the Court of Appeals Finding that Ground Water Management District Rules May Reduce Well User’s Right to Use below Amount Authorized by Permit Meridian Ranch Metropolitan District v. Colorado Ground Water Commission, ___P.3d___ 09CA0131 Evergreen January 2009: 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. 184 P.3d 106 (Colo. 2007) Fort Collins December 2007: District Court Lacks Jurisdiction over RCRA Citizen-Suit Requesting Remediation Beyond that Required by EPA under CERCLA Public Service Company of Colorado v. Schrader Oil Company, ___F.Supp.2d___ 05-CV-0785 (D. Colo. Oct. 10, 2007) Fort Morgan June 2010: Colorado Court of Appeals Rules that Governmental Entities Are Not Immune from Ditch Easement Claims Upper Platte and Beaver Canal Co. v. Riverview Commons General Improvement District, ___P.3d___ 09CA0769 (Colo.App. April 15, 2010) Fremont County May 2007: Colorado Supreme Court Arguably Rules That an Adjudicated Water Right Is a Prerequisite for Maintaining a Ditch Condemnation Proceeding in District Court Tonko v. Mallow 06SA199 (Colo. March 19, 2007) Golden October 2004: Motions for Summary Judgment Pending against Colorado State Engineer Seeking Determination of “Senior First Rule” and “Selective Subordination” Principles of Water Rights City of Golden v. State and Division Engineer for Water Division 5, et al., Colorado Water Court 03CW176, Water Division 5 April 2004: Colorado Supreme Court upholds State and Division Engineers’ Curtailment of the City of Golden’s Municipal Direct Flow Rights During 2002 Drought City of Golden v. Hal D. Simpson, et al 83 P.3d 87 (Colo. 2004). July 2002: State Actions: Colorado Supreme Court Looks to Water Amount Diverted and Acreage to Determine if Water Right Change Has Impermissibly Enlarged Farmers Reservoir and Irrigation Company v. City of Golden Case No. 01SA105, Slip Op. (Colo. April 8, 2002) Grand Junction January 2006: News from the West In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings 133 Cal.App.4th 154 (3rd Dist. 2005) December 2005: Tenth Circuit Finds the Clean Water Act Criminalizes Any Act of Negligence that Leads to Pollutant Discharge United States v. Ortiz, ___F.3d___ 04-1228, (10th Cir. Nov. 1, 2005) Gunnison National Park February 2009: Colorado Water Court Finalizes Reserved Water Right Decree for the Black Canyon of the Gunnison National Park November 2006: Federal District Court Rejects U.S-Colorado Compromise Regarding Federal Reserved Water Rights for Gunnison National Park’s Black Canyon Gunnison River February 2007: News from the West November 2006: Federal District Court Rejects U.S-Colorado Compromise Regarding Federal Reserved Water Rights for Gunnison National Park’s Black Canyon May 2005: Colorado Supreme Court Reviews First ‘Recreational In-Channel Diversion’ Case under New Legislation Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District, ___P.3d___ 04SA44 (Colo. March 14, 2005) February 2004: Colorado Water Court Awards Controversial “Recreational In-Channel Diversion” for Whitewater Park on Gunnison River Concerning the Application for Water Rights of Upper Gunnison Water Conservancy District in Gunnison County Case No. 02CW38 (Water Div. 4 Dec. 26, 2003 August 2003: Colorado Supreme Court Expands on What Qualifies as “Overt Acts” Furthering Appropriations of Conditional Water Rights Vought v. Stucker Mesa Domestic Pipeline Co Case No. 02SA293, Slip Opinion (Colo. June 16, 2003). December 2002: Federal Government Relinquishes Water Rights on Reserved Lands in Effort to Ease Shortages in Urban Areas January 2001: Colorado: Supreme Court Upholds Denial of Conditional Water Rights for Large Transmountain Water Diversion Project Board of County Commissioners v. Crystal Creek Home Owners Association, et al. Supreme Court Case No. 98SA327, Slip Opinion Issued (Nov. 20, 2000) Gypsum February 2006: Colorado Water Court Finds It Could Not Determine whether Selective Subordination Would Occur—Retains Jurisdiction over Issue In Re Application for the Eagle Park Reservoir Company 03CW211, Dist. Ct. (Div. 5 Wat. Ct.) Jefferson County January 2009: News from the West La Plata County July 2009: District Court Denies Motion to Dismiss CERCLA Claims against ‘Owner and Operator’ where Party Was an Owner Only Board of County Commissioners of County of La Plata, Colorado v. Brown Group Retail Inc., ___F.Supp.2d___ 08-cv-00855 LTB (D. Colo. April 24, 2009) Lake County December 2003: Colorado Supreme Court Expands on Legal Requirements for Water Rights Abandonment East Twin Lakes Ditches and Water Works, Inc. v. Board of County Commissioners of Lake County 76 P.3d 918 (Colo. 2003). Long Draw Reservoir June 2006: Tenth Circuit Holds that Trout Unlimited’s Remand Order Is Not a Final Appealable Judgment Trout Unlimited v. U.S. Department of Agriculture, ___F.3d___ 04-1317, 04-1346 (10th Cir. March 28, 2006) June 2004: U.S. District Court Rejects the Forest Service's Issuance of Special-Use Permits Without  Bypass Flow Requirements Trout Unlimited v. U.S. Department of Agriculture, et al., ___F.Supp.2d___  96-WY2686-WD (D. Colo. April 30, 2004). Lowry Air Foce Base May 2003: Colorado Supreme Court Adopts Doctrine of Continuing Nuisance for Groundwater Contamination. Hoery v. United States 2003 Colo. LEXIS 116, Colorado Supreme Court, Case No. 02SA241, (Colo. Feb. 24, 2003). Pueblo April 2003: Tenth Circuit Reinstates Clean Air Act Citizen Suit Seeking to Enforce EPA Ruling Currently under Judicial Review United Steelworkers of America v. Oregon Steel Mills, Inc. ___F.3d___, 2003 U.S. App. LEXIS 3783 (10th Cir. March 3, 2003). Purgatorie River December 2005: Colorado Supreme Court Upholds State Engineers’ Order Requiring Ditch Owner to Install Suitable Headgate to Prevent Excess Diversions from Purgatorie River Tatum v. People ex rel. Simpson and Witte, ___P.3d___ 04SA382 (Colo. Nov. 7, 2005) Rio Grande County August 2009: Third Circuit Holds CERCLA Potentially Responsible Party that Previously Recovered All of Its Cleanup Costs from Its Insurers Cannot Recover from other PRPs Friedland v. TIC-The Industrial Company; Geosyntec Consultants, ___F.3d___ 08-1042 (10th Cir. May 29, 2009) Roosevelt National Forest June 2006: Tenth Circuit Holds that Trout Unlimited’s Remand Order Is Not a Final Appealable Judgment Trout Unlimited v. U.S. Department of Agriculture, ___F.3d___ 04-1317, 04-1346 (10th Cir. March 28, 2006) Saguache County May 2003: Tenth Circuit Finds that Successor Company Is Not Liable as an "Operator" or "Arranger" under CERCLA Raytheon Constructors Inc., v. Asarco, Inc. ___F.3d___, Case No. D.C. 96-N2072 (10TH Cir. March 11, 2003). San Juan Mountains March 2008: District Court Addresses Allocation of Recovery Proceeds Received by PRP in Determining Proper Credit Due Defendants in PRP’s CERCLA Contribution Claim Friedland v. TIC-The Industrial Company, ___ F.Supp.2d___ 04-cv-01263 (D. Colo. Jan.18, 2008) San Juan River Basin June 2009: Colorado Supreme Court Rules that Coalbed Methane Wells Must Have Water Well Permits Vance v. Wolfe 07SA293 (Colo. April 20, 2009) San Luis Valley June 2008: Colorado Supreme Court Upholds Aquifer Sustainability Rules Promulgated by State Engineer—Rules Did Not Impermissibly Restrict Right to Appropriate Water Simpson v. Cotton Creek Circles 07SA42 (Colo. 2008) October 2002: State Court: Colorado Supreme Court Clarifies that for Ground-water Used Conjunctively, Historic Use of the Ground-water Right Is Necessary for Change to that Right The State Engineer and the Division Engineer for Water Division 3 v. Bradley ___P.3d___,Case No.01SA295 (Colo.Sept.9,2002). South Park April 2005: Colorado Supreme Court Revisits the Standards for Approval of Augmentation Plans and Clarifies When Attorneys Fees and Costs Are Available In the Matter of the Application of Water Rights of Park County Sportsmen’s Ranch: City of Aurora v. State Engineer 01SA412, (Colo. Jan. 18, 2005) South Platte River October 2009: Colorado Supreme Court Further Clarifies the ‘Can And Will’ Test for Conditional Water Rights City of Aurora v. ACJ Partnership 08SA222, 209 P.3d 1076 (Colo. 2009) May 2009: Colorado Supreme Court Confirms State and Division Engineers’ Authority to Administer Storage Water Rights Based on a Fixed Water Year North Sterling Irrigation District v. Simpson 08SA29 (Colo. March 2, 2009) South Platte River Basin July 2010: Colorado Cities and Ranchers Challenge State Engineer’s Rules Exempting Mineral Rich Regions from Water Well Permitting May 2006: Colorado Supreme Court Revisits the Distinction Between Contractual Water Delivery Rights and Adjudicated Water Rights Public Service Company of Colorado v. Meadow Island Ditch Company No. 2 05SA52 (Colo. April 3, 2006) October 2005: Water Diversions, Water Rights Selective Subordination Issues in Water Court Litigation Move to the Colorado Supreme Court In Re: Application for Water Rights of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District 05SA____; Appeal from the District Court, Water Division No. 1, 02CW335, appeal filed July 18, 2005 (Colo.) August 2005: Colorado Supreme Court Upholds Water Court’s Denial of Applicant’s Change Case for ‘Developed Water’ and Determination that Existing Decree Can Be Re-Opened to Examine Historic Nature and Use Ready Mixed Concrete Company v. Farmers Reservoir and Irrigation Company, et.al., ___ P.3d ____ 04SA285 (Colo. June 13, 2005) October 2003: Colorado Supreme Court Reverses Award of Attorney Fees in Voluntary Dismissal of Water Right Applications When Dismissal Was With Prejudice Groundwater Appropriators of the South Platte River Basin, Inc. v. The City of Boulder 73 P.3d 22 (Colo. 2003). February 2003: Colorado Water Judge Voids State Engineer Well Regulations Concerning the Proposed Amended Rules and Regulations Governing the Diversion and Use of Tributary Ground Water in the South Platte River Basin, Case No. 02 CW 108 (Colorado District Court, Water Division One, Order of Dec. 23, 2002). Teton River October 2007: Ninth Circuit Holds Clean Water Act Applies to Intermittent Streams U.S. v. Moses, ___F.3d___ 06-30379 (9th Cir. Aug. 3, 2007) Union Park Reservoir December 2006: Colorado Supreme Court Expands on the ‘Can and Will’ Doctrine in Canceling Major Storage Conditional Water Rights Upper Black Squirrel Ground Water Basin March 2007: Colorado Supreme Court Finds Stipulated Decree Provision Restricts Certain Water Exports from the Upper Black Squirrel Designated Ground Water Basin Cherokee Metropolitan District v. Simpson 148 P.3d 142 (Colo. Nov. 27, 2006) Willow Creek May 2008: District Court Affirms CERCLA Section 113’s Denial of Federal Court Jurisdiction to Hear Challenges to CERCLA Removal Actions—Plaintiff’s RCRA Claims Dismissed Wason Ranch Corporation v. Hecla Mining Company et al., ___F.Supp.2d___ 07-cv-00267 (D. Colo. March 31, 2008)

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