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

facilitate CBM production is not a beneficial use of water.
While we may take into account agency interpretations, we are
not bound by them. See Colo. Mining Ass'n v. Bd. of County
Commis, 199 P.3d 718, 731 -32 (Colo. 2009). Here, the
Engineers' interpretation of the term "beneficial use" is
contrary to the 1969 Act's definition of that term. Their
interpretation also conflicts with our case law interpreting the
term. We therefore decline to defer to the Engineers'
interpretation.
C.
In their final argument, the Engineers assert that the
legislature intended that CBM wells be regulated not by them but
rather exclusively by the Colorado Oil and Gas Conservation
Commission. They contend that, rather than subjecting oil and
gas wells to possibly overlapping, inconsistent, or conflicting
regulatory requirements, the General Assembly recognized and
sought to protect the regulatory authority of the COGCC. We
disagree with the Engineers' argument and hold that COGCC does
not have exclusive regulatory authority over the extraction of
water in CBM production.
In support of their argument, the Engineers point to the
fact that the COGCC has been given extensive authority to
regulate the production of oil and gas. See Oil and Gas
Conservation Act, §§ 34 -60 -101 through -129, C.R.S. (2008).
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