Gallegos v. Colorado Ground Water Commission
Issued November 6, 2006
In Gallegos v. Colorado Ground Water Commission, the Supreme Court ruled that the owner of a surface water right located within a designated basin may petition the Ground Water Commission at any time to hear new evidence that the pumping of ground water within the designated basin is injuring the surface water right. The petitioner must be given the opportunity to present evidence that had not previously been given to the Ground Water Commission, showing that: (1) ground water wells in the basin are hydrologically connected to the surface water right; (2) the wells have more than a "de minimis" impact on the surface water right; and (3) the well pumping is causing injury. If a petitioner demonstrates these facts, the Ground Water Commission is required to redraw the boundaries of the designated basin to exclude both the surface water right and the wells for which the connection has been shown.
