Colorado Ground Water Commission v. North Kiowa-Bijou Groundwater Management District

I. Introduction

In this ground water appeal, we construe and hold constitutional a recent amendment to the Colorado Ground Water Management Act (CGMA), § 37-90-107(7), 10 CRS. (2002) and implementing provisions (House Bill 98-1151), concerning the water right determination and administration of designated basin ground waters contained in the aquifers of the Denver Basin.

In this case, the Bradburys, owners of land located in the Kiowa-Bijou designated ground water basin, applied to the Ground Water Commission for a determination of the right to withdraw designated ground water of the Denver…