BAYOU LAND CO. v. TALLEY

No. 95SC358.

924 P.2d 136 (1996)

BAYOU LAND COMPANY, a Colorado limited partnership, Petitioner, v. Barry L. TALLEY; Barry Talley, Trustee, a Colorado general partnership; American Property Equities 1985-C, Ltd., a Colorado limited partnership; Bayou Gulch General Partnership, a Colorado general partnership; Megabank of Arapahoe, N.A., a federally chartered bank; and Marilyn Green, in her capacity as the Public Trustee for Douglas County, Colorado, Respondents.

Supreme Court of Colorado, En Banc.

September 23, 1996.


Attorney(s) appearing for the Case

Clayton and Stone, L.L.C., F. Brittin Clayton, III, Boulder, Bearman, Talesnick & Clowdus, P.C., W. Michael Clowdus, Denver, for Petitioner.

Nichols & Hecht, LLC, Charles B. Hecht, Denver, Holly I. Holder, P.C., Holly I. Holder, Denver, for Barry L. Talley; Barry Talley, Trustee; and Bayou Gulch General Partnership.


Justice KOURLIS delivered the Opinion of the Court.

In this case we granted petitions for certiorari prior to judgment by the court of appeals primarily to determine the nature of an overlying landowner's interest in unadjudicated nontributary ground water. We now conclude that landowners do have a right to withdraw nontributary ground water underlying their land even in the absence of formal water court adjudication. This right is defined by statute and is presumed...

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