BARRETT v. DIVISION OF WATER RESOURCES

No. 23CA0243.

2024 COA 23

Pamela Barrett and Raymond M. Cossey, Plaintiffs-Appellants, v. Division of Water Resources, State of Colorado; Office of the State Engineer; Kevin Rein, P.E., as State Engineer, State of Colorado; Harold Priestley; Drue Priestley; and HDP Revocable Trust, Defendants-Appellees.

Court of Appeals of Colorado, Division VII.

February 29, 2024.


Attorney(s) appearing for the Case

Colorado WATER & LAND LAW, LLC, Amy N. Huff , Durango, Colorado, for Plaintiffs-Appellants.

Philip J. Weiser , Attorney General, Christopher R. Stork , Senior Assistant Attorney General, Mackenzie T. Herman , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees Division of Water Resources, State of Colorado; Office of the State Engineer; Kevin Rein, P.E., as State Engineer, State of Colorado.

Dufford Waldeck , Nathan A. Keever , Grand Junction, Colorado, for Defendants-Appellees Harold Priestley; Drue Priestley; and HDP Revocable Trust.

Tow and Grove, JJ., concur.


¶ 1 Unlike the water-rich eastern states, Colorado, with its semi-arid climate, "has always faced" issues concerning the use of its water resources. Gallegos v. Colo. Ground Water Comm'n, 147 P.3d 20, 27 (Colo. 2006). For this reason, our General Assembly enacted legislation...

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