ELR Citation: ELR 20653
No(s). 20093 (Colo. Dist. Ct. Jul 10, 1973)

The court declares the Colorado Ground Water Management Act of 1965 to be invalid under the Colorado State Constitution insofar as the act relates to ground water tributary to a surface stream. The court rules that the power given the state Ground Water Commission to grant or refuse a permit to drill a well constitutes the effective power to adjudicate a water right, and that this legislative delegation conflicts with the specific constitutional and statutory relegation of that power to the judiciary. The court also finds that the establishment and regulation of "Ground Water Basins" by the Commission without consideration of the tributary nature of those basins may be in conflict with the appropriation principles of Colorado water law. The court orders the state engineer to allow defendant Lundvall to drill an additional well whose yield may be used on whatever portion of defendant's land he chooses subject to existing seniorities and priorities.

Counsel for Plaintiff State Engineer
Ben L. Wright, Jr.
730 Equitable Bldg.
Denver, CO 80203

Counsel for Defendant Elmer Lundvall
Al Steinmark
1004 9th Ave.
Greeley, CO 80631

Counsel for Defendant Central Yuma County Ground Water Management District
Max Snydal
229 E. Kiowa Ave.
Fort Morgan, CO 80701