Upper Black Squirrel Creek Ground Water Management District v. Goss

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the General Assembly has “plenary authority” over the allocation and administration of, among other things, designated ground water, which is not part of the natural stream waters subject to the prior appropriation provisions of the Colorado Constitution
• noting that the General Assembly has “plenary authority” over the allocation and administration of, among other things, designated ground water, which is not part of the natural stream waters subject to the prior appropriation provisions of the Colorado Constitution
• “Intent to appropriate for beneficial use is a necessary factor in the Commission’s decision whether to grant a well permit application: Colorado’s anti-speculation doctrine applies.”
• General Assembly has plenary authority over the administration and allocation of groundwater that, as here, is not tributary to a natural stream
• “The modified system of prior appropriation governing [the] designated ground water basins allows appropriation only to the point of reasonable depletion, as determined by the Commission.”
• “The modified system of prior appropriation governing [the] designated ground water basins allows appropriation only to the point of reasonable depletion, as determined by the Commission.”

Source: CourtListener parenthetical corpus (CC0).