Qualls, Inc. v. Berryman

specially concurring:

I concur with the result reached by the majority. I have specially concurred to emphasize the limited statutory and constitutional issues that are before us in this appeal where the attorney general elected not to enter an appearance. This opinion addresses only section 37-92-305(11), 15 C.R.S. (1989 Supp.), and the appropriation of nontributary ground water that is not in a designated ground water basin. In my view, the water court had statutory authority to retain jurisdiction over the case pursuant to section 37-92-305(11). The water court did not, in my opinion,…