Crystal Lakes Water & Sewer Ass'n v. Backlund

908 P.2d 534, 20 Brief Times Rptr. 7, 1996 Colo. LEXIS 2, 1996 WL 5837
CourtSupreme Court of Colorado
DecidedJanuary 8, 1996
Docket94SA242
StatusPublished
Cited by26 cases

This text of 908 P.2d 534 (Crystal Lakes Water & Sewer Ass'n v. Backlund) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crystal Lakes Water & Sewer Ass'n v. Backlund, 908 P.2d 534, 20 Brief Times Rptr. 7, 1996 Colo. LEXIS 2, 1996 WL 5837 (Colo. 1996).

Opinion

Justice LOHR

delivered the Opinion of the Court.

This ease requires us to determine whether any of the five claims for relief set out in the complaint filed by Crystal Lakes Water and Sewer Association (the Association) are within the jurisdiction of the District Court for Water Division 1 (water court). 1 The Association appeals an order of dismissal, in which the water court dismissed all five claims for relief based on the conclusion that they did not involve “water matters” and therefore were not within the court’s subject matter jurisdiction under section 37-92-203(1), 15 C.R.S. (1990). We hold that the first two claims, which sought a declaratory judgment that certain defendant lot-owners are bound by the terms of a water court decree approving plans for augmentation, are “water matters” under section 37-92-203(1), and thus fall within the exclusive jurisdiction of the water court. We further hold that the water court has jurisdiction to resolve the other three claims, which involve the imposition and enforcement of assessments levied by the Association, as ancillary to the first two claims for relief. Therefore, we reverse the judgment of the water court and remand this ease for further proceedings.

I.

The Crystal Lakes development comprises fifteen subdivision filings for properties located northwest of Red Feather Lakes in Lar-imer County, Colorado. 2 In order to obtain water for the Crystal Lakes development, tly original developer sought to divert ground water in the bedrock aquifer in the basins of Lone Pine Creek and the North Fork of the Cache La Poudre River, which are tributary to the Cache La Poudre River. The original developer proposed that wells be utilized to supply water for the development and that existing water rights be committed to replace the water that would be depleted by the consumptive use of water from those wells. The proposal provided that, with limited exceptions, each well would supply water for only the residential unit on the lot on which the well was to be constructed.

The original developer applied for approval of plans for augmentation in two sequential cases. In 1974, the original developer filed an application in the District Court for Water Division 1 for approval of a plan for augmentation for 1,312 single-family residential units in case number W-7631-74. In 1977, the original developer applied to that same court for approval of a second plan for augmentation for 1,521 single-family residential equivalent units in ease number W-8540-77. The two applications were combined and resolved by a single decree (Decree), in which the water court approved the combined plans for augmentation. 3 The Decree expressly provided that “[ajll subsequent lot purchasers will be bound by the terms of this joint decree and this joint decree will be filed of record in Larimer County and thereby constitute a covenant running with the land.... ” The Decree was entered on December 7, 1978, and recorded in the records of the Larimer County clerk and recorder on January 12,1979.

The combined plans for augmentation cover the entire Crystal Lakes development as well as substantial areas of unplatted land. *537 The combined plans for augmentation mandate that existing storage water rights be used to replace depletions to the stream system caused by the consumptive use of well water in the Crystal Lakes development. Specifically, the Decree states:

The combined plans for augmentation herein decreed are detailed programs for the exchange of water which increases the supply of water available for beneficial use. The basis of the plans is the replacement to the stream system from storage water rights during times of need by water rights entitled thereto, of an amount of water equal to the depletion of the stream system caused by the development’s use of water.

The Decree requires that water be stored in three reservoirs — Crystal Lake, Upper Lone Pine Lake, and Lower Lone Pine Lake — and remain available for release to replace out-of-priority depletions by the wells in the Crystal Lakes development. The amount of replacement water to be released, when needed, is based on the number of single-family residential equivalent units then built and the types of sewage disposal systems serving those units, plus the amount of water required to irrigate open space and to replace evaporation losses from open water surfaces. The replacement water formula, therefore, requires a determination of the number of single-family residential equivalent units that are subject to the Decree, as well as the type of sewage disposal system used by each such unit, at the time water is needed to satisfy senior rights. The combined plans for augmentation provide that if the water available in storage for release purposes is reduced below critical levels, water withdrawn by wells under the Decree will be rationed on a pro rata basis.

The Association, which was formed in 1974, is the entity responsible for implementing the provisions of the Decree. The Decree states that “[t]he obligations and rights attendant to this plan for augmentation shall be transferred and assigned to the Crystal Lakes Water and Sewer Association ... [which] shall be empowered by the restrictive covenants running with the lots and by its own charter to enact reasonable rules and regulations implementing the conditions hereof....” The Decree also expressly grants the Association the power to “sue its constituent property owners to force compliance with the terms hereof.” The Crystal Lakes Water and Sewer Association Amended Master Declaration (Master Declaration) 4 authorizes the Association to impose assessments 5 on the lot owners. These assessments provide the necessary revenue for activities of the Association, including payment of the expenses incurred in complying with the Decree — e.g., operating and maintaining the three reservoirs used to store replacement water.

In the Decree, the water court set out conditions necessary to avoid adverse effects on existing water rights and decreed conditional water rights. The Decree provides that:

The Court finds that by the imposition of the conditions set forth in these Findings, wells for household purposes, with no yard irrigation, and for municipal purposes ... may be constructed and utilized without adversely affecting any vested water rights or decreed conditional water rights on the Cache La Poudre River or its tributaries, and that by the institution of the combined plans for augmentation herein approved, the Applicant, or its successors or assigns, may secure permits for and use wells for [such purposes].

The conditions referred to include the following:

[I]n applying to the State Engineer for permits to drill wells the following conditions [must be] satisfied: (1) [payment of the filing fee] ..., and (2) the owner of any land on which water from the well to be permitted will be used shall show proof that he has ratified any amendments to restrictive covenants attaching to his land or to the articles or by-laws of the Crystal Lakes Water and Sewer Association neces *538

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Bluebook (online)
908 P.2d 534, 20 Brief Times Rptr. 7, 1996 Colo. LEXIS 2, 1996 WL 5837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crystal-lakes-water-sewer-assn-v-backlund-colo-1996.