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

We now affirm the water court. The Water Right
Determination and Administration Act of 1969 defines "beneficial
use" as "the use of that amount of water that is reasonable and
appropriate under reasonably efficient practices to accomplish
without waste the purpose for which the appropriation is
lawfully made." § 37- 92- 103(4), C.R.S. (2008). Under the
language of the Act, the coalbed methane process "uses" water --
by extracting it from the ground and storing it in tanks -- to
"accomplish" a particular "purpose" -- the release of methane
gas. Consequently, the extraction of water to facilitate
colabed methane production is a "beneficial use" as defined in
the Act and a "well" as defined in the Colorado Ground Water
Management Act. Coalbed Methane production is therefore subject
to regulation under both acts. We reject the argument that
water used in coalbed methane production is merely a nuisance
rather than a "beneficial use." On the contrary, the use of
water in coalbed methane production is an integral part of the
process itself. The presence and subsequent controlled
extraction of the water makes the capture of methane gas
possible. Accordingly, we affirm the order of the District
Court for Water Division 7 and remand for further proceedings
consistent with this opinion.
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