Environmental Law & Policy Alerts – Update from Somach, Simmons & Dunn

July 29, 2020

Colorado State Engineer Relaxes Position on Requirements for Adjudicating Out-of-Priority Diversions

In Colorado, the State Engineer has added flexibility to perfecting junior conditional water rights.  Under a Written Instruction issued by the Colorado State Engineer on July 21, 2020, Division of Water Resources officials who participate in water court proceedings will no longer oppose water right applications to perfect junior water rights so long as the applicant’s out-of-priority diversions are taking place lawfully under a court-decreed augmentation plan, exchange, or similar administrative approval. … Read More

Written by Daniel J. Condren