Concerning the Application for Water Rights of the Colorado Water Conservation Board in the San Miguel River, A…

Summary

The court affirmed the water court's determination that the Colorado Water Conservation Board acts in a quasi-legislative capacity when deciding whether to appropriate minimum instream flow water rights. The decision is a prospective policy determination to preserve the natural environment for the public, rather than an adjudication of specific parties' rights, duties, or obligations. Because the process is quasi-legislative, constitutional procedural due process does not require an individualized hearing. No separate opinions were issued.