Colorado Supreme Court upholds limits on transfer of water rights from farmers to suburbs

Colorado's Supreme Court on Tuesday upheld a state water court's ruling limiting the amount of water that the East Cherry Creek Valley Water and Sanitation District can deliver from the South Platte River drainage to thirsty suburbs in southeast Denver The case reflects increasingly close scrutiny — driven by scarcity and rising water prices — given to deals that transfer ownership of water rights from farmers to expanding suburbs. In a 77-page decision, Justice Gregory J. Hobbs emphasized that "in order to prevent an unlawful enlargement" of agricultural water rights the suburban provider had purchased, those water rights had to be limited to the 200 cubic feet per second historically diverted from the South Platte River and used for irrigation above Barr Lake. Suburbs applying in water court to convert agricultural water to a municipal- use designation must show that their use of water will not hurt other users of water rights, Hobbs said. And once a provider acquires water from farmers, the utility "runs a real risk of a re- quantification of the water right based on" historical use...more