Southeastern Colorado Water Conservancy District v. Shelton Farms, Inc.
Colorado Supreme Court
529 P.2d 1321 (1974)
- Written by Curtis Parvin, JD
Facts
Phreatophytes—deep-rooted plants that obtain water near the water table —along the Arkansas River were historically kept in check by roaming buffalo and indigenous peoples. With the removal of those forces, phreatophytes began to infest the banks of the Arkansas River, resulting in reduced water flow. This reduction in water significantly impacted the already overappropriated water rights on the Arkansas River. Shelton Farms, Inc. (Shelton) (plaintiff) acquired property along the river, cleared out the phreatophytes in portions of the property, and filled in other parts. Shelton then sought augmentation of its water rights based on the water salvaged that would otherwise be lost. The Southeastern Colorado Water Conservancy District (the district) (defendant) objected and moved to dismiss the application. The trial court awarded Shelton additional water rights, finding that Shelton’s salvaging of lost water was not detrimental to other water rights holders. The district appealed.
Rule of Law
Issue
Holding and Reasoning (Day, J.)
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