Environmental Law & Policy Alert-July 13, 2022 – Update from Somach Simmons & Dunn

July 13, 2022

The Colorado Division of Water Resources Will Now Require Augmentation Plans for Certain Water Exchanges

In a June 10, 2022, memorandum (the “Memo”), the Colorado Division of Water Resources (DWR) summarized the agency’s position on water court applications for water exchanges involving wells pumping from alluvial aquifers. The Memo builds on a 2018 decision issued by the Division 1 Water Court in Case No. 15CW3178 and formalizes DWR’s position on what is required to obtain a decree authorizing exchanges from wells. To avoid unnecessary opposition from DWR in water court cases, Colorado water users should understand DWR’s position to determine whether they want to include the elements of DWR’s approach in future water court applications…. Read More

Written by Michael W. Daugherty