07SA293 Advance Sheet Headnote The Water Right Determination and Administration Act of 1969 The Colorado Ground Water management Act beneficial use well appropriation

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M Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Court's homepage at http: / /www.courts.state.co.us and are posted on the Colorado Bar Association's homepage at www.cobar.org. ADVANCE SHEET HEADNOTE April 20, 2009 No. 07SA293, Vance v. Wolfe -- the Water Right Determination and Administration Act of 1969 -- the Colorado Ground Water Management Act -- beneficial use -- well -- appropriation. 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. They asked the water court to determine the legal obligations of the State Engineer and Division Engineer for Water Division 7 regarding well permits and augmentation plans when ground water is diverted for the purpose of coalbed methane production. The Engineers and BP America Production Company, an intervenor in the action, opposed the request for a declaratory judgment, arguing that the use of water during coalbed methane production is not a "beneficial use" and thus need not be regulated. The water court held that coalbed methane production constitutes an appropriation for a "beneficial use," and that consequently, the Engineers cannot allow out -of- priority diversions without a well permit and, where necessary, a decree adjudicating an augmentation plan. This direct appeal followed.