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, calculated from the quantity underlying the applicant’s land when the permit or decree is issued. That limit applies even when not expressly stated, including to permits issued under the earlier statutory scheme and to water-court decrees, unless a decree expressly provides otherwise. The court also held that the State Engineer had authority to state the limit in permits and that the water court properly stayed discovery because the governing text was unambiguous. Justice Boatright dissented, concluding that the statute authorizes only an annual withdrawal rate and preserves the right to withdraw the actual physical quantity of groundwater underlying the land.