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Constitutionality of Augmentation Plan Upheld
Open‐pit sand and gravel mining often exposes groundwater in shallow aquifers to air because of excavation below the water table. After 1969, when the Water Right and Determination Act was enacted, the Colorado state engineer adopted policies about augmentation requirements for evaporative depletions from sand and gravel pits. The state legislature amended the act to exempt owners of pits excavated before 1981 for which augmentation plans had not been decreed by the court. Certain other owners and operators were also exempted. The Central Colorado Water Conservancy District (CCWCD) challenged the amendment. The trial court upheld the amendment.
Constitutionality of Augmentation Plan Upheld
Open‐pit sand and gravel mining often exposes groundwater in shallow aquifers to air because of excavation below the water table. After 1969, when the Water Right and Determination Act was enacted, the Colorado state engineer adopted policies about augmentation requirements for evaporative depletions from sand and gravel pits. The state legislature amended the act to exempt owners of pits excavated before 1981 for which augmentation plans had not been decreed by the court. Certain other owners and operators were also exempted. The Central Colorado Water Conservancy District (CCWCD) challenged the amendment. The trial court upheld the amendment.
Constitutionality of Augmentation Plan Upheld
1995-07-01
1 pages
Article (Journal)
Electronic Resource
English
Aquifers , Litigation , Groundwater , Mining
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