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Training, Hydrology. ect State Engineer's Office Forum
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11/6/2015 11:01:53 AM
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Water Supply Protection
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2007 State Engineer's Office Forum documents including the agenda, presentation slides, memorandums, and letters of recommendation.
State
CO
Basin
Statewide
Date
10/31/2007
Author
Division on Water Resources
Title
State Engineer's Office Forum
Water Supply Pro - Doc Type
Report/Study
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Jones Ditch's lawful historic use. The Supreme Court affirmed the water court's <br />determination that the 1882 decree adjudicated an absolute water right that is impliedly <br />limited to the amount of water necessary to irrigate the acreage originally irrigated by the <br />appropriator in 1882. The Court rejected Central's argument that the Opposers were <br />barred under the laches doctrine from challenging the lawful historic use of the Jones <br />Ditch Water Right. The Court also reversed the water court's decision that because a <br />prior 1992 case changing a portion of the Jones Ditch Water Right relied on a parcel -by- <br />parcel analysis of historic consumptive use, the doctrine of claim preclusion prevented <br />the water court from conducting a ditch -wide analysis of consumptive use under the <br />Jones Ditch. Under the parcel -by- parcel analysis, the water court had awarded Central <br />66.65 acre -feet of annual consumptive use for the 37 acres owned by Central. However, <br />preliminary evidence of a ditch -wide analysis had indicated that only 361 acre feet of <br />consumptive use was available under all of Central's shares in the Jones Ditch Company <br />and Central had already been awarded 401 acre feet under its previously changed shares. <br />Thus, it appeared that no consumptive use may remain for Central's remaining 77 shares <br />in the present change case. The Supreme Court reversed the water court's award of 66.65 <br />acre -feet because the water court failed to consider the results of a ditch -wide analysis. <br />Because the water court had previously indicated that additional fact - finding was <br />necessary before it could conduct a ditch -wide analysis, the Supreme Court remanded the <br />case to the water court for further proceedings as to whether Central should be awarded <br />any additional consumptive use credit. <br />3) Gallegos v. Colorado Ground Water Commission, 147 P.3d 20 (Colo. 2006), <br />November 6, 2006. <br />In this case the Supreme Court clarified the jurisdiction of the Colorado Ground <br />Water Commission with respect to surface water rights within a designated ground water <br />basin. Appellants, the Gallegos family, brought an action before the Commission <br />claiming that their senior surface water rights were being injured by certain water <br />diversions and well pumping within the Basin. The Commission held that the Gallegos <br />were barred by res judicata from calling out designated basin wells, because the Gallegos <br />family or its predecessors -in- interest had the opportunity during the designation hearings <br />to object to the designation of the Basin. The Gallegos appealed to the District Court. <br />The District Court held that the the Gallegos' claims were not barred by res judicata. The <br />District Court held that the Commission has jurisdiction over surface water rights when <br />designated ground water impacts such rights. The District Court held that in such <br />circumstances, the Commission must administer junior designated ground water wells for <br />the benefit of senior surface water rights in accordance with the Groundwater <br />Management Act and the modified prior appropriation system. <br />The Supreme Court reversed the District Court's decision in part. The Supreme <br />Court held that the Groundwater Commission has limited jurisdiction over surface water <br />rights within a designated groundwater basin, only for the purpose of altering the <br />boundaries of a designated ground water basin. A surface water rights holder who <br />believes that pumping within a designated ground water basin is causing injury to those <br />surface rights has the burden of proving to the Commission that the ground water alleged <br />2 <br />
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