Colorado Ground Water Commission v. North Kiowa-Bijou Groundwater Management District
Issued September 8, 2003
In Colorado Ground Water Commission v. North Kiowa-Bijou Groundwater Management District, the Colorado Supreme Court construed § 37-90-107(7) of the Colorado Ground Water Management Act to vest the Ground Water Commission ("Commission") with the authority to determine a use right for the withdrawal of Denver Basin designated ground water by overlying landowners. The Court further held that the Ground Water Management Districts possess no statutory authority to determine an applicant's water right under this section. Finally, the Court held that the anti-speculation doctrine applies to the Commission's determination of the applicant's right to use Denver Basin designated ground water.
