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San Antonio, Los Pinos and Conejos River Acequia Preservation Association v. Special Improvement District No. 1

Colorado Supreme Court
270 P.3d 927 (2011)

Written by Oni Harton, JD

Facts

Most landowners within the Rio Grande Water Conservation District needed to address an increasingly strained water supply. Those landowners formed Special Improvement District No. 1 (Subdistrict) (defendant). The Subdistrict submitted a plan for groundwater usage (Plan) as an alternative to state-imposed well regulation. The Plan covered the operation of wells within the Subdistrict, subject to specific exceptions. The Plan employed financial incentives to reduce the consumption of unconfined aquifer water to protect against material injury to senior surface water rights. The Plan provided a non-exclusive list of specific acts and improvements to achieve the goal. San Antonio, Los Pinos, and Conejos River Acequia Preservation Ass’n (Objectors) (plaintiff) challenged the Plan.

Rule of Law

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Issue

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Holding and Reasoning (Hobbs, J.)

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