Front Range Resources, LLC, Plaintiff-Appellant/cross-Appellee v. Colorado Ground Water Commission Henrylyn…

Summary

The court held that the anti-speculation doctrine applies to a replacement plan involving new appropriations or changes of designated-ground-water rights. Because Front Range failed to show that it or the City of Aurora had a specific plan and intent to put the replacement-plan water to beneficial use, summary judgment for the objectors was proper. The court also held that the district court acted within its discretion in denying attorney fees because Front Range's claims were not substantially unjustified.