(Download) "Danielson V. Castle Meadows Inc." by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Danielson V. Castle Meadows Inc.
- Author : Colorado Supreme Court
- Release Date : January 23, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This is an appeal from the order of the water court for Water Division No. 1 that approved, subject to several provisions for retained jurisdiction, the plan for augmentation of not nontributary Denver aquifer ground water*fn1 proposed by applicant-appellee Castle Meadows, Inc.*fn2 Castle Meadows had previously obtained, for use as a municipal water supply, a decree for a water right to not nontributary Denver aquifer ground water that was not within a designated ground water basin. See § 37-90-137(4), 15 C.R.S. (1989 Supp.). The augmentation plan provides for replacement of four percent of the amount of water withdrawn on an annual basis to the affected streams throughout the period that ground water is actually pumped. The objector-appellants, the state engineer and the division engineer for Water Division No. 1 (both will be referred to as the state engineer), appeal the decree of the water court approving the plan for augmentation. On appeal, the state engineer contends that: (1) the water court erred by failing to impose terms and conditions to remedy injury to senior water right holders caused by depletions that occur after withdrawals cease, (2) the water court erred by failing to require replacement of depletions to West Plum Creek, and (3) the water court improperly imposed the burden of proof on the objectors to the plan for augmentation. We agree that the plan for augmentation must replace injurious depletions that result from the pumping of not nontributary ground water from the Denver aquifer and that occur after withdrawal has ceased. We do not agree with the state engineer's other contentions. Accordingly, we reverse in part, affirm in part, and remand with directions.
 "Danielson V. Castle Meadows Inc." by Colorado Supreme Court * Book PDF Kindle ePub Free){kind=link}