Colorado Supreme Court Rules Committee, 0219 COBJ, Vol. 48, No. 2 Pg. 70

PositionVol. 48, 2 [Page 70]

48 Colo.Law. 70

Colorado Supreme Court Rules Committee

Vol. 48, No. 2 [Page 70]

The Colorado Lawyer

February, 2019

COURT BUSINESS

Rules Committees

Rule Change 2018(17) Uniform Local Rules for All State Water Court Divisions Rules 4, 6, 11, and 12

Rule 4. Amendments or Corrections

(a) through (c) [NO CHANGE] (d) If the water judge or referee determines republication is necessary for an amended application, the consultation and recommendation procedures (as supplemented by Water Court Rule 6(e) and (n)) and state engineer determination of facts procedures described in C.R.S. §§ 37-92-302(2)(a) and -302(4) shall apply to the amended application. If the water judge’s order for republication provides for the water judge to retain the application as amended, then the division engineer shall file a written recommendation in the proceedings as required by C.R.S. § 37-92-302(4) within thirty-five days of the order requiring republication of the amended application and, in the case of an amendment to an application for determinations of rights to groundwater from wells described in C.R.S. § 37-90-137(4), the state engineer shall file any determination as to the facts of such amended application as required by C.R.S. § 37-92-302(2)(a) within four months of the order requiring republication or shall promptly file a notice that no such determination is necessary.

Rule 6. Referral to Referee, Case Management, Rulings, and Decrees

(a) The water judge shall promptly refer to the water referee all applications. The referee upon referral by the water judge has the authority and duty in the first instance to promptly begin investigating and to rule upon applications for determinations of water rights, determinations of conditional water rights, changes of water rights, approval of plans for augmentation, findings of reasonable diligence in the development of conditional water rights, approval of a proposed or existing exchange of water, approval to use water outside of the state, and other water matters, in accordance with the applicable constitutional, statutory, and case law.

(b) [NO CHANGE]

(c) The referee shall work promptly to identify applications that will require water judge adjudication of the facts and/or rulings of law and re-refer those applications to the water judge. The referee may re-refer a case to the water judge without first holding a status conference described in...

To continue reading

FREE SIGN UP