U.S. Water News Online
DENVER -- The Colorado state Supreme Court ruled against Arapahoe County commissioners recently, agreeing with a water court that denied their applications for conditional water rights for the Union Park Reservoir Project.
The water court concluded there was insufficient water available for the large water storage project west of the Continental Divide in the Upper Gunnison River Basin.
The county argued that the Gunnison River Basin above the Aspinall Unit contains ample water resources for the transbasin diversion of water across the Continental Divide for ultimate use on Colorado's Front Range.
The Supreme Court upheld the water court, holding that it properly determined the amount of water available.
The court said Congress intended the Colorado River Storage Project Act to serve as a mechanism for Upper Basin States to develop their water resources and still meet their Colorado River Compact obligations.
The projects allow Colorado to develop its water resources while ensuring that adequate water remains in storage to help meet the compact obligations in dry years.
The court also found that the water court correctly implemented Congress' intent to subordinate 60,000 acre-feet to in-basin water users while providing a 240,000 acre-foot marketable pool for future water users.
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