Concerning the Application for Amendment of an Augmentation Plan of Independence Water and Sanitation District in…

Summary

The court held that the anti-speculation doctrine does not apply when a water court reviews an application to amend an augmentation plan for not-nontributary groundwater. Such review is limited to determining whether the proposed plan will injure existing water rights, and the court found no clear error in the water court's finding that the amended plan would not cause injury. The court therefore affirmed approval of the amended plan.