Buffalo Park Development Co., et al. v. Mountain Mutual Reservoir Company, 195 P.3d 674 (Col. Sup. Ct. 2008)

(defendants, small capacity well owners, challenged plaintiffs' application for conditional water rights and augmentation plan for 205 wells to support five new residential subdivisions; trial court approved defendant's application for two of the subdivisions and Supreme Court affirmed because defendants did not prove the existence of unappropriated water for the conditional ground rights in three of the subdivisions or a non-injurious augmentation plan sufficient to protect the vested ground water rights of small domestic well owners who divert water from the aquifers between the proposed three subdivisions and the surface waters of the creeks at issue).

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