Supreme Court of Colorado

Maria Reservoir Co. v. Warner

April 20, 2020461 P.3d 478

Summary

The court affirmed approval of Santa Maria Reservoir Company’s change-of-use application. It held that water diverted from the Rio Grande into the Closed Basin is imported water because it would not naturally flow into the Closed Basin and does not naturally return to the Rio Grande, so downstream users have no enforceable right to its continued return flows or importation. The court also upheld recognition of the company’s historical irrigation and aquifer-recharge practices and its right to fully consume the imported water, as well as the award of attorney fees. No separate opinions were issued.