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

Summary

The court held that Colorado's groundwater statute and statewide rules impose a total volumetric limit on withdrawals of nontributary Denver Basin groundwater, equal to the quantity determined by the State Engineer to underlie the applicant's land when the permit is issued. The limit applies even when not expressly stated in a permit or decree, including permits issued under the prior statutory scheme, unless an underlying decree expressly provides otherwise. The court also upheld the State Engineer's authority to include the limit and the water court's decision to stay discovery, and affirmed the water court's orders.