Waiting for the snow to melt…
Recent legislative, administrative, and judicial developments have significantly modified the procedures for adjudicating and administrating water rights in Colorado.In this article, Mr. Greer focuses on the procedures outlined in S. 81, noting in particular the shortcomings of S. 81 with respect to the problem of integrating the priorities of surface and ground water users.He also points out the major administrative developments which stem from the conflict between the use of ground and surface water and discusses the requirements of Fellhauer as well as subsequent decisions which deal with the promulgation of rules and regulations for the administration of waters of the state.He concludes by considering the case of United States v. District Court, wherein the Colorado Supreme Court found that the water rights of the United States were subject to the jurisdiction of the Colorado district courts under their plenary powers, and the case of Pikes Peak Golf Club, Inc. v. Kuiper, wherein the court held that nontributary water was not subject to administration by the state engineer.
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