Jim Hutton Educ. Found. v. Rein

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 was 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 Colorado Supreme Court affirmed that dismissal, because jurisdiction vests in the water court only if the Colorado Groundwater Commission first concludes that the water at issue is designated groundwater. Therefore, the water court lacked subject matter jurisdiction over the Foundation's claim. View "Jim Hutton Educ. Found. v. Rein" on Justia Law