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Applying a Fixed Water Year to Administer Water Storage Rights
Publication year - 2009
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.1551-8833.2009.tb09917.x
Subject(s) - jurisdiction , supreme court , plaintiff , water storage , law , state (computer science) , irrigation , administration (probate law) , political science , business , engineering , mathematics , mechanical engineering , algorithm , inlet , ecology , biology
The Colorado Supreme Court recently ruled that when water storage rights decrees are silent, the state and division engineers (SDEs) have authority to impose a fixed water year on water storage rights for purposes of administering the state's one‐annual‐fill limitation. In N. Sterling Irrigation Dist. v. Simpson, 202 P.3d 1207 (Colo. 2009), a declaratory judgment issued by the water court in Division 1, which has jurisdiction over water matters in Colorado's South Platte River Basin, was appealed. The plaintiff, North Sterling Irrigation District (NSID), challenged the SDEs’ administration of NSID's water storage rights, contending that the imposition of a fixed water year was an unlawful interference with its decreed storage rights.