Laserfiche WebLink
beneficial uses that actually coincide with the withdrawal and <br />storage of water. For example, in Pueblo West Metropolitan <br />District v. Southeastern Colorado Water Conservancy District, <br />689 P.2d 594, 603 (Colo. 1984), we held that the capture and <br />storage of flood water is a beneficial use of the water. There, <br />as here, the capture and storage of the water coincided with the <br />beneficial use -- the prevention of floods. Furthermore, we <br />note that the statutory definition of "beneficial use" contains <br />no such temporal element. See § 37- 92- 103(4), C.R.S. (2008). <br />Finally, the Engineers and BP argue that to find a <br />beneficial use in this case would be inconsistent with section <br />37- 90- 137(7), C.R.S. (2008) of the Ground Water Act, which <br />provides: "In the case of dewatering of geologic formations by <br />removing nontributary(41 ground water to facilitate or permit <br />mining of minerals: (a) No well permit shall be required unless <br />the nontributary ground water being removed will be beneficially <br />used." (emphasis added). The Engineers and BP contend that <br />this statutory provision demonstrates a difference between <br />dewatering a mine to facilitate mining and doing so for a <br />beneficial use. They also assert that, if we find a beneficial <br />4 Nontributary ground water is defined as "ground water, located <br />outside the boundaries of any designated ground water basins in <br />existence on January 1, 1985, the withdrawal of which will not, <br />within one hundred years, deplete the flow of a natural stream . <br />. . at an annual rate greater than one -tenth of one percent of <br />the annual rate of withdrawal." § 37- 90- 103(10.5), C.R.S. <br />(2008) . <br />16 <br />