Pawnee Well Users, Inc. the Harmony Ditch Company City of Boulder Centennial Water and Sanitation District Natural…

Summary

The court reversed the water court’s invalidation of the Fruitland Rule, holding that the General Assembly authorized the State Engineer to delineate nontributary ground water in oil and gas production areas, including within the Southern Ute Indian Reservation. The Tribal Rule did not withdraw that authority because it merely stated that the Final Rules themselves did not establish jurisdiction; it did not negate jurisdiction established by statute. The court also rejected the water court’s characterization of the Fruitland Rule as advisory and its requirement of a prior judicial determination of authority.