Vance v. Wolfe
Colorado Supreme Court
205 P.3d 1165 (Colo. 2009)
Ranchers holding senior water rights (plaintiffs) sued Colorado's water engineers (defendants), who hadn't required oil and gas companies to obtain water-well permits for their coalbed methane (CBM) production, arguing CBM's necessary extraction of groundwater as part of the process constituted a beneficial use requiring permitting; the engineers argued the water was merely an unwanted nuisance byproduct rather than a beneficial use. The water court granted the ranchers summary judgment, finding CBM water extraction a beneficial use requiring permits, and the engineers appealed.
Whether coalbed methane (CBM) production puts water to a beneficial use such that CBM wells are water wells that must be permitted.