Water Law - Annual Survey 2012 - PDF e-Book Chapter Out of Stock
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In 2012, water court cases were not as prevalent in the Colorado Supreme Court dockets as in many prior years. However, three noteworthy cases are summarized under “Colorado Case Law” and include issues such as water rights abandonment, change of water rights, native waters, decree interpretation, adverse possession, ditch rights, ditch easements, and attorney fees and costs.
A U.S. Supreme Court case was decided in February 2012; while not directly affecting Colorado (as it is a case involving the State of Montana), it is included in this chapter as an advisory note to Colorado practitioners. The issue at hand is the legal interpretation of “navigable waters” with regard to the equal-footing doctrine affecting all states.
The state engineer's office (SEO) issued a final decision in a petition for a determination of certain water rights as non-tributary. Of note, based upon the evidence presented, the SEO's decision specifically limits its determination to a portion of the water rights (those located in El Paso County), leaving open the question as to the data necessary for such a determination in the other areas requested by the petitioner.
The Colorado legislature passed several bills affecting water law in the state, including laws affecting augmentation plans, funding of a water study, and creation of a “simple change in surface point of diversion.”
Several water court rules and forms also received updates. Those are not discussed in this chapter, but details can be found in the Colorado Water Law Benchbook, 6th ed. (CLE in Colo., Inc. Supp. 2013)
CASES
Archuleta v. Gomez . . . . . . . . . . . . . . . . . . . . . . WTR-5
Harrison v. Simpson, State Engineer . . . . . . . . WTR-4
PPL Montana, LLC v. Montana . . . . . . . . . . . . WTR-1
Reynolds v. Cotton . . . . . . . . . . . . . . . . . . . . . . WTR-3
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