My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
07SA293 Advance Sheet Headnote The Water Right Determination and Administration Act of 1969 The Colorado Ground Water management Act beneficial use well appropriation
CWCB
>
Water Supply Protection
>
DayForward
>
7001-8000
>
07SA293 Advance Sheet Headnote The Water Right Determination and Administration Act of 1969 The Colorado Ground Water management Act beneficial use well appropriation
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/10/2015 11:10:56 AM
Creation date
4/14/2014 12:43:15 PM
Metadata
Fields
Template:
Water Supply Protection
Description
Colorado Supreme Court opinion regarding classifying use of water for coalbed methane production as a beneficial use.
State
CO
Date
4/20/2009
Title
07SA293 Advance Sheet Headnote The Water Right Determination and Administration Act of 1969 The Colorado Ground Water management Act beneficial use well appropriation
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.
/
30
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
"produced water," which is exempt from the prior appropriation <br />doctrine and instead regulated exclusively by the COGCC. <br />In granting summary judgment in the Ranchers' favor, the <br />water court began with the assumption, unchallenged here, that <br />this case involves tributary water. See Safranek v. Limon, 123 <br />Colo. 330, 334, 228 P.2d 975, 977 (1951) (holding that under <br />Colorado law, all ground water is presumed to be tributary until <br />proven otherwise). The water court found that the extraction of <br />water during the CBM process was a beneficial use constituting <br />both a "well" under the Ground water Act and an "appropriation" <br />under the 1969 Act, because "the removal of water . . . is not <br />incidental" but rather "occurs as the result of the active and <br />intentional pumping of water to accomplish the intended <br />purpose." The water court therefore concluded that CBM <br />production requires a water well permit and, where necessary, a <br />decree adjudicating an augmentation plan. The water court noted <br />that "[t]he conclusion is bolstered by the overall intent of the <br />water law scheme. By passing the 1969 Act, the General Assembly <br />intended to integrate the appropriation, use, and administration <br />of underground water . . . [because under Colorado law] <br />adjudication and administration are essential to protection of <br />water rights." (internal citations and quotations omitted). In <br />finding beneficial use, the water court declined to defer to the <br />8 <br />
The URL can be used to link to this page
Your browser does not support the video tag.