Board of County Commissioners v. Park County Sportsmen’s Ranch
Issued April 8, 2002

The Park County Sportsmen’s Ranch filed an application for a conditional water right decree and plan for augmentation and exchange in which PCSR proposed to store water in underground aquifers underlying a 115 mile area near South Park. The overlying landowners opposed the application and sought a declaratory judgment that the storage of water in aquifers beneath their land constitutes a trespass.

The Supreme Court upheld the water court, holding, among other things, that artificial recharge activities involving the movement of underground water into, from, or through tributary aquifers underlying surface lands does not constitute a trespass. The Court also held that the proposed project would not require landowner's consent or condemnation and just compensation under the Colorado constitution because there would be no physical construction on the landowners’ property nor would the enjoyment of their properties be compromised in any way.

See the Supreme Court decision