Kobobel v. State

249 P.3d 1127 (2011)

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Kobobel v. State

Colorado Supreme Court
249 P.3d 1127 (2011)

  • Written by Rose VanHofwegen, JD

Facts

The Kobobels and the Knievels (plaintiffs) owned farmland with decreed irrigation wells in the South Platte River, an overappropriated basin in Colorado. Colorado presumes any pumping in overappropriated basins causes material injury to senior appropriators. All well owners must obtain augmentation plans that provide replacement water for senior rights. Initially the state engineer could approve plans, and South Platte farmers formed a company that provided replacement water. But in 1977, the legislature repealed the engineer’s authority and began requiring water-court approval of augmentation plans. Eventually the augmentation company ceased operations. In 2006, the state engineer ordered the farmers to stop pumping their wells until the water court approved an augmentation plan. The farmers brought an inverse-condemnation action against Colorado (defendant) asserting the cease-and-desist orders amounted to an unconstitutional taking without just compensation. The county court dismissed for lack of jurisdiction over water matters, and the farmers moved to water court. The water court dismissed, finding the farmers did not have rights to use water out of priority and had to obtain an approved augmentation plan to replace out-of-priority depletions like all other Colorado well users. The farmers appealed.

Rule of Law

Issue

Holding and Reasoning (Márquez, J.)

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