Parker Water and Sanitation District, a Colorado special district, Applicant-Appellant: v. Kevin G. Rein

Summary

The court held that Colorado’s statutory and regulatory scheme imposes a total volumetric limit on nontributary Denver Basin groundwater withdrawals, measured by the quantity of groundwater underlying the applicant’s land when the permit or decree is issued. That limit applies even when it is not expressly stated in a permit, applies to permits issued under the earlier statutory regime, and may be expressly included by the State Engineer without impairing vested rights. The court also upheld the water court’s decision to stay discovery because the governing text was unambiguous.