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

JUSTICE COATS, concurring in part and dissenting in part.
Although I agree that the extraction of groundwater in the
coalbed methane ( "CBM ") production process falls within the
administrative responsibilities of the state and division
engineers, I do not agree that this process, in itself, amounts
to a "beneficial use" of the water extracted, for either
constitutional or statutory purposes. Furthermore, since the
engineers have an obligation to regulate the removal of the
waters of the state from their natural course or location,
whether they are diverted for beneficial use or not, I do not
consider it either necessary or appropriate to resolve the
question of beneficial use as a declaratory judgment for the
protection of senior appropriators. I therefore respectfully
dissent from all but the conclusion of part II. C. of the
majority's opinion.
The division engineer has a statutory obligation to order
the discontinuance of any diversion not necessary for
application to a beneficial use, as well as any diversion of
water required to satisfy senior rights. § 37- 92- 502(2)(a),
C.R.S. (2008). The state and division engineers would have us
read this provision as requiring them to order discontinuance
only to the extent necessary to prevent material injury to
senior water rights, but otherwise they do not deny their
obligation. In fact, however, section 502(2)(a) contains two