Simpson v. Cotton Creek Circles, LLC

I. Introduction

This is an appeal from a water court's Findings of Fact, Conclusions of Law, Judgment and Decree ("judgment") upholding rules related to certain new withdrawals from the confined aquifer in Water Division Three ("the rules")1. Appellant Cotton Creek Circles, LLC ("Opponent") asserts that the rules are invalid because they are contrary to statute and violate the Colorado Constitution. We disagree, and we affirm the water court's judgment upholding the rules.

II. Background

In order to adequately examine Opponent's challenges to the rules, it is necessary to understand certain…