The Jim Hutton Educational Foundation, a Colorado Non-Profit Corporation, Plaintiff-Appellant v. Kevin Rein

Summary

The court affirmed dismissal of the Foundation's as-applied constitutional challenge for lack of subject matter jurisdiction. Because the Commission had not first determined whether the wells were pumping designated groundwater, the water court had no jurisdiction and the constitutional claim was not ripe. The Foundation therefore could not bypass the statutory allocation of authority by challenging the amendment directly in water court.