April 24, 2019

Colorado Supreme Court: Inverse Condemnation Claim Grounded in Ownership, Not Use, and Therefore Outside Jurisdiction of Water Court

The Colorado Supreme Court issued its opinion in Allen v. State of Colorado on Tuesday, January 22, 2019.

Water Court Jurisdiction—“Water Matters”—Water Ownership versus Water Use.

This case concerns whether a water court has jurisdiction to consider a claim for inverse condemnation alleging a judicial taking of shares in a mutual ditch company. The water court dismissed plaintiff-appellant’s inverse condemnation claim, concluding that his claim was “grounded in ownership and the conveyance of that ownership, not use,” and therefore the claim was not a water matter within the exclusive jurisdiction of the water court. The supreme court agreed and thus affirmed the water court’s dismissal order.

Summary provided courtesy ofColorado Lawyer.