Aspen Wilderness Workshop, Inc. v. Colorado Water Conservation Board

At issue in this ease is whether the Colorado Water Conservation Board (CWCB) has the authority to redetermine and administratively reduce a decreed instream flow right, and, if so, whether the CWCB’s decision was supported by substantial evidence. The majority holds that, because the water court has “exclusive jurisdiction” over water matters, “once a decree is issued on the [CWCB’s] application determining the instream flow ... necessary to preserve the natural environment to a reasonable degree, the Board cannot unilaterally modify and must implement the decree unless and until its rights…