Environmental Law & Policy Alert – Update from Somach Simmons & Dunn

July 1, 2026

Colorado Supreme Court Confirms Water Activity Enterprises Can Exercise Eminent Domain 

The Colorado Supreme Court recently issued a significant ruling for water providers and private landowners alike, confirming as legally authorized by Colorado statutes the condemnation of land for water right infrastructure. In N. Integrated Supply Project Water Activity Enter. v. VIMA Partners, LLC, 2026 CO 29, the Court held that a water activity enterprise, as defined in C.R.S. § 37-45.1-101, is authorized to condemn private property through eminent domain for the purpose of water activities. It is the first time the Court has expressly extended the power of condemnation to a water activity enterprise, and the decision has meaningful consequences for the balance of power between Colorado’s regional water suppliers and the property owners in their path … Read More

Written by Lindsey A. Ratcliff