What's Happening with Dry Gulch?

Supreme Court Denies TU Petition; Issues Modified Opinion

On Monday, November 23, 2009, the Colorado State Supreme Court issued a modified opinion in the Dry Gulch Water Rights case while simultaneously denying Trout Unlimited's (T.U.) petition for a rehearing.  T.U. had filed its petition on November 16, 2009 in response to the Supreme Court Opinion issued November 2, 2009.

In its petition, T.U. questioned the Supreme Court's endorsement of the Districts' use of a one-year safety supply margin in planning for future water supply, claiming that this was speculative.  However, citing the preponderance of evidence in support of the use of a one-year safety supply margin, the Supreme Court upheld its endorsement and denied the rehearing petition.

Click here to read the Modified Supreme Court Opinion

 

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