Concerning the Office of the State Engineer's Approval of the Plan of Water Management for the Special Improvement…

Summary

The court affirmed the water court’s orders and judgment upholding the State Engineer’s and Subdistrict’s approval of the 2012 Annual Replacement Plan. It held that previously resolved methodology issues were barred by law of the case, an annual replacement plan need not be stayed while objections are pending, Closed Basin Project water was a suitable replacement source, and the treatment of augmentation-plan wells did not invalidate the plan. The court further held that the omission of a separate augmentation-well list was a minor, nonprejudicial violation that did not require invalidation.