Concerning the Application for Water Rights of the Colo. Water Conservation Bd. in the San Miguel River: Farmers…

Summary

The court affirmed the water court's determination that the Colorado Water Conservation Board acts in a quasi-legislative capacity when it decides to appropriate an instream flow right. Because the decision implements a prospective environmental policy for the public rather than adjudicating the rights of specific parties, constitutional procedural due process protections applicable to quasi-judicial proceedings were not required. The court therefore did not reach the Board's alternative argument that its procedures independently satisfied due process.