Fundingsland v. Colorado Ground Water Commission
Colorado Supreme Court
468 P.2d 835, 171 Colo. 487 (1970)
- Written by Curtis Parvin, JD
Facts
L.O. Fundingsland (plaintiff) applied to the Colorado Ground Water Commission (the commission) (defendant) for a well in the Northern High Plains Designated Ground Water Basin (the basin). The commission’s approach to applications ensured that total groundwater pumping did not decrease the basin’s groundwater level by more than 40 percent over 25 years. In examining the level of pumping within 3 miles of Fundingsland’s proposed well, the commission determined that the groundwater was overappropriated—the total already-permitted pumping would result in a reduction exceeding 40 percent in 25 years. Accordingly, the commission denied the permit. Fundingsland sought relief in the district court, but the district court upheld the commission’s decision denying the permit. Fundingsland appealed to the Colorado Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Pringle, J.)
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