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Constitutionality of Augmentation Plan Upheld
Publication year - 1995
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1995.tb06387.x
Subject(s) - constitutionality , legislature , law , water table , state (computer science) , plan (archaeology) , excavation , groundwater , amendment , political science , engineering , supreme court , archaeology , geotechnical engineering , geography , algorithm , computer science
Open‐pit sand and gravel mining often exposes groundwater in shallow aquifers to air because of excavation below the water table. After 1969, when the Water Right and Determination Act was enacted, the Colorado state engineer adopted policies about augmentation requirements for evaporative depletions from sand and gravel pits. The state legislature amended the act to exempt owners of pits excavated before 1981 for which augmentation plans had not been decreed by the court. Certain other owners and operators were also exempted. The Central Colorado Water Conservancy District (CCWCD) challenged the amendment. The trial court upheld the amendment.