Board of County Commissioners of County of Park v. Park County Sportsmen's Ranch, LLP
In Board of County Commissioners of County of Park v. Park County Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002), landowners brought a declaratory judgment action seeking a determination that the defendant ranch had no right to artificially recharge and store water in aquifers underlying their land without the landowners' permission. Id. at 700, 703.
The Colorado Supreme Court held that the ranch had no obligation to seek the landowners' permission or to pay just compensation because a recharge does not constitute a trespass. Id. at 706-07.