BOARD02037

• Board Meeting Date: 9/22/2003
• Description: Report of the Attorney General
• Board Meetings - Doc Type: Memo

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issues. Northern is concerned that changes in operational policy could affect the yield ofC-BT
and as a result, Northern may feel the need to challenge various other agreements for reservoir
management, potentially opening up for debate 20 years worth of operational agreements.

11. Application of City of Central (Case No. 92CW168)

Assistant Attorneys General Lori Coulter and John Cyran represented the Board at the trial in
this case held in May 2003. We still are awaiting the Court's ruling.

12, Colorado Ground Water Com'n v. North Kiowa Bijou Groundwater Management
I>istrict [NEW]

On Monday, September 8, the Colorado Supreme Court issued a 46-page opinion in this case
upholding all of the Colorado Ground Water Cornmission's positions on the issues, argued by
Assistant Attorney General Pat Kowaleski. The following is a brief summary of the Court's
fmdings:
1) Section 37-90-107 (7), C.R.S., adopted by HB 98-1151, is constitutional. This provision
creates a process for determining water rights within the Denver Basin aquifers of the designated
basins, based on overlying land ownership.
2) Ground Water Management Districts have no authority to determine an applicant's water
right under this section of the statute.
3) The anti-speculation doctrine applies to consideration of determinations of water rights in
the Denver Basin aquifers of the designated basins.

The decision, written by Justice Bender, remands the case to the District Court for
proceedings consistent with the opinion. The decision was unanimous on most issues, although
Justice Bender stated in his concurrence that it was not necessary to deCide whether anti-
speculation applied to determinations of water rights, since that issue had not been appealed by
any party.