Cherokee Water District v. State

The appellants, David and Beverly Goss, received permission from the Colorado Ground Water Commission (commission) to export water out of the designated ground water basin in which their wells are located for use for domestic, municipal and irrigation purposes. On appeal, the district court granted appellee’s motion for summary judgment, ruling that the commission had no authority to authorize this change of use. It held the commission’s order null and void and enjoined the defendants from exporting water and from making any use of the water other than that authorized by their original well…