June 21, 2018

Colorado Supreme Court: Water Court Lacked Subject Matter Jurisdiction Over Constitutionality of Groundwater Statute

The Colorado Supreme Court issued its opinion in Jim Hutton Educational Foundation v. Rein on Monday, May 21, 2018.

Water Law—Jurisdiction.

The Jim Hutton Educational Foundation, a surface-water user, claimed that a statute prohibiting any challenge to a designated groundwater basin that would alter the basin’s boundaries to exclude a permitted well is unconstitutional. The water court dismissed that claim for lack of subject matter jurisdiction, concluding that the surface-water user had to first satisfy the Colorado Groundwater Commission that the water at issue was not designated groundwater. The supreme court concluded that, because jurisdiction vests in the water court only if the Colorado Groundwater Commission first concludes that the water at issue is designated groundwater, the water court properly dismissed the constitutional claim for lack of subject matter jurisdiction.

The court affirmed the water court’s ruling.

Summary provided courtesy of Colorado Lawyer.

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