My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Amici Curiae Brief of Northwest Colorado Council of Governments, Town of Minturn, Grand County, Gunnison County, Pitkin County
CWCB
>
Water Supply Protection
>
DayForward
>
2001-3000
>
Amici Curiae Brief of Northwest Colorado Council of Governments, Town of Minturn, Grand County, Gunnison County, Pitkin County
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/26/2010 4:41:41 PM
Creation date
7/29/2009 2:36:11 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.2F
Description
Colorado Supreme Court Appeal
State
CO
Basin
Colorado Mainstem
Water Division
4
Date
9/29/2004
Author
Barbara Green, Anne Castle, John M. Ely, David Baumgarten
Title
Amici Curiae Brief of Northwest Colorado Council of Governments, Town of Minturn, Grand County, Gunnison County, Pitkin County
Water Supply Pro - Doc Type
Court Documents
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
65
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
courts and the leg;islature. Once a court, or the legislature, finds that a use is a lbeneficial use, it <br />necessarily furthe,rs the State's objective of maximizing the use of Colorado's l.imited supply of <br />water. <br />Maximizing the use of the State's water supply is not an end in and of itself. Primarily, it <br />is an economic &-velopment policy. Water has been used to drive the economic engines of <br />mining, agriculture, power generation and municipal development. Now, howevex, in many <br />areas of the stateā these industries have been eclipsed by the rise of recreation=based tourism as <br />the dominant economic sector. RICDs stimulate the recreation economy and leave water in the <br />streams for use by other Colorado appropriatozs all the way to the State's bordlers. Just as courts <br />do not dictate the; size of a hydroelectric power plant or the capacity of a drinking water supply <br />reservoir, neither should the courts nor the CWCB dictate the type or intensity of recrea.tional <br />activities supported by an RICD. Rather, the proper limita.tions on the amount of water that may <br />be appropriated :For RICDs are found in the long-standing prohibitions againsi, waste and <br />speculation.4 Trte water court was correct in refusing to interpret S.B. 216 as an invita.tion to <br />interfere with fundamental economic development decisions. <br />C. S.B. 216 Did Not Change the Rmle of the Water Court and Did Not Give the CWCB <br />Veto Power. <br />1. S.B. 216 is not ambi ug ous. <br />Under well-established rules of statutory construction, this Court's tas,k is to ascertain and <br />to give effect to the intent of the General Assembly. See Signan v. Seafood :Ltd. P'ship I, 817 <br />P.2d 527, 530 ((:olo. 1991). "Where the statutory language is clear and certain, the sta.tute <br />4 It is possible tYat additionallimitations may be imposed on some RICDs by application of the <br />S.B. 216 factors, but the water court found that these factors did not unpose zLny limitations on <br />the Gunnison R[CD. <br />12
The URL can be used to link to this page
Your browser does not support the video tag.