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GROUND WATER COM'N v. NORTH KIOWA-BIJOU

No. 02SA216.

77 P.3d 62 (2003)

COLORADO GROUND WATER COMMISSION; and Hal D. Simpson, State Engineer/Executive Director of the Colorado Ground Water Commission, Defendants-Appellants/Cross-Appellees, and Thomas H. Bradbury and Associated Applicants, Defendants Below, v. NORTH KIOWA-BIJOU GROUNDWATER MANAGEMENT DISTRICT, Plaintiff-Appellee/Cross-Appellant.

Supreme Court of Colorado, En Banc.

September 8, 2003.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Patrick Kowaleski, Assistant Attorney General, Water Rights Unit, Natural Resources and Environment Section Denver, Colorado, Attorneys for Defendants-Appellants/Cross-Appellees Colorado, Ground Water Commission; and Hal D. Simpson, State Engineer/Executive Director of the Colorado Ground Water Commission.

Hill & Robbins, P.C., David W. Robbins, Dennis M. Montgomery, Mark J. Wagner, Avi S. Rocklin, Denver, Colorado, Attorneys for Defendants Below Thomas H. Bradbury and Associated Applicants.

Epperson & McClary, Donald F. McClary, Andrew F. McClary, Fort Morgan, Colorado, Attorneys for Plaintiff-Appellee/Cross-Appellant North Kiowa-Bijou Groundwater Management District.

Justice BENDER delivered the Opinion of the Court.

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 C.R.S. (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...

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