Cache LaPoudre Water Users Ass'n v. Glacier View Meadows

191 Colo. 53, 550 P.2d 288 (1976)

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Cache LaPoudre Water Users Ass'n v. Glacier View Meadows

Colorado Supreme Court
191 Colo. 53, 550 P.2d 288 (1976)

Facts

Glacier View Meadows (Glacier) (plaintiff) was developing a residential neighborhood near Fort Collins, Colorado. Glacier acquired shares in an irrigation company to support the development, giving Glacier access to reservoir and direct-flow water from the LaPoudre River. The development, however, planned to use wells to support the needs of the residents. Therefore, Glacier applied to the water court to institute a plan of augmentation that would allow the groundwater drawn from the residential wells to be replaced by Glacier’s rights to reservoir and direct-flow water. Cache LaPoudre Water Users Association (the association) (defendant), representing water-rights holders in the river, objected to the application, complaining that the Cache LaPoudre River was already overappropriated and, therefore, could not be relied upon to provide 100% replacement of the groundwater used by the development. The water court granted Glacier’s application but required that if drought conditions were present, the residents in the Glacier development would have to acquire additional water from other sources so that the water consumed would not exceed the water available for replacement. The association appealed to the Colorado Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Groves, J.)

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