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Douglas County water commission discusses Colorado Supreme Court ruling, metering and rulemaking
Summary
At its Jan. 27 meeting the Douglas County Water Commission heard a county attorney update on a Colorado Supreme Court ruling that could treat a 100-year flow rate as a cap on well withdrawals and discussed uncertainties about metering, retroactive application and participation in forthcoming state rulemaking.
At its Jan. 27, 2025 meeting, the Douglas County Water Commission received an update from county attorney staff about a Colorado Supreme Court decision that could change how well withdrawals are measured and regulated.
Chris Pratt, staff at the county attorney’s office, summarized the ruling and its immediate status: “Yes. Basically, telling the supreme court, we think you were wrong. Could you reconsider this? And the supreme court, unsurprisingly, said no. They think they got it right.” Pratt said the court indicated the state engineer may treat the 100‑year flow rate as a cap on the total amount of water withdrawable from a well and that the decision could apply retroactively to previously issued well permits.
The ruling’s practical effects…
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