07SA293 Advance Sheet Headnote The Water Right Determination and Administration Act of 1969 The Colorado Ground Water management Act beneficial use well appropriation

• 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

basin121 . . . unless the user makes an application in writing to
the state engineer for a permit to construct a well."
§ 37 -90- 137(1), C.R.S. (2008). The act defines "well" as "any
structure or device used for the purpose or with the effect of
obtaining ground water for a beneficial use from an aquifer."
§ 37- 90- 103(21)(a), C.R.S. (2008) (emphasis added). Thus, the
primary question is whether CBM production obtains water for a
"beneficial use," such that it requires a well permit under the
Ground Water Act in connection with an "appropriation" under the
1969 Act.
As we have noted in the past, "beneficial use" is the
essential premise of Colorado water law. Santa Fe Trail Ranches
Prop. Owners Ass'n v. Simpson, 990 P.2d 46, 53 n.7 (Colo. 1999).
In Colorado, "the right to divert the unappropriated waters of
any natural stream to beneficial use shall never be denied," and
the water of every natural stream is "the property of the
public," Colo. Const., art. XVI §§ 5, 6 (emphasis added),
subject to appropriation and actual beneficial use. See Pagosa
Area Water & Sanitation Dist. v. Trout Unlimited, 170 P.3d 307,
313 (Colo. 2007) .
An "appropriation" is "the application of a specified
portion of the waters of the state to a beneficial use."
2 "`Designated Ground Water Basin' means that area established by
the ground water commission in accordance with section
37 -90- 106." § 37 -90- 103(7), C.R.S. (2008).
10