Supreme Court of Colorado
Concerning the Application for Water Rights of Well Augmentation Subdistrict of the Central Colorado Water…
February 19, 2019435 P.3d 469
Summary
The court affirmed dismissal of Centennial's objection to the addition of Category 2 replacement water to an existing augmentation plan. It held that retained jurisdiction is limited to preventing or curing actual or likely injury to other water users, and that failure to comply strictly with notice provisions does not constitute per se injury. Centennial, as the party invoking retained jurisdiction, had to establish facts showing such injury before the applicant's ultimate burden arose.