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

This is an appeal from a declaratory judgment action
brought in District Court, Water Division 7 by William S. Vance,
Jr., Elizabeth S. Vance, James G. Fitzgerald, and Mary Theresa
Fitzgerald (collectively, the "Ranchers "). The Ranchers asked
the water court to determine the legal obligations of the State
Engineer and Division Engineer for Water Division 7
(collectively the "Engineers ") regarding well permits and
augmentation plans when ground water is diverted for the purpose
of coalbed methane ( "CBM ") production. Specifically, the
Ranchers sought a declaration that withdrawal of ground water
during the CBM process constitutes a "beneficial use" giving
rise to appropriative water rights subject to administration and
permitting by the Engineers under the Water Right Determination
and Administration Act of 1969, §§ 37 -92 -101 through -602,
C.R.S. (2008) ( "1969 Act "), and the Colorado Ground Water
Management Act, §§ 37 -90 -101 through -143, C.R.S. (2008)
( "Ground Water Act ").
The Engineers and BP America Production Company ( "BP "), an
intervenor in the action, opposed the Ranchers' request for a
declaratory judgment, arguing that the use of water during CBM
production is not a "beneficial use." The water court held for
the Ranchers, finding that CBM production constitutes an
appropriation for a "beneficial use," and that consequently, the
Engineers cannot allow out -of- priority diversions for CBM
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