Concerning the Application for Water Rights for Cherokee Metropolitan District in El Paso County: Upper Black…

Summary

The court affirmed the water court’s interpretation that the 1999 stipulation requires Cherokee to return specified wastewater to the basin for aquifer recharge and bars reuse of that water, but does not determine whether Cherokee may receive replacement-water credit in a later application. That credit question remains for the Ground Water Commission under its governing statutes and rules. The court also affirmed attorney fees and costs against Meridian because its repeated jurisdictional defenses were substantially groundless and frivolous.