Last Year, WSMT blogged about whether water could be lawfully appropriated for Marijuana cultivation. 2/11/16 blog post. We provided three arguments why that would be allowed. Almost exactly a year later, the Division water referee agreed In Re High Valley Farms, LLC, 14CW3095 with two of the reasons we set forth in our blog from last […]
The question has become important to marijuana growers after the Colorado Supreme Court’s decision in Coats v. Dish Network, LLC, 303 P.3d 147 (Colo. 2015), where the Court held that an activity is only “lawful” if it violates neither state nor federal law. The issue has now arisen in the water context before Water Division […]