Uniform Local Rules for All State Water Court Divisions

Except as expressly provided in these rules, the Colorado Rules of Civil Procedure, including the state-wide practice standards set out in C.R.C.P. 121, shall apply to water court practice and procedure. All prior water court local rules are repealed.

Rule 1. Appearances

A party that is a corporation may act through its corporate officers or other nonlawyer agents for the purpose of filing applications and statements of opposition when a case is before the referee (or before the water judge acting as a referee); however, if a pleading supporting or protesting a referee's ruling is filed, except as otherwise provided by C.R.S. 13 1 127, a corporate applicant shall be represented by and the pleadings shall be signed by, an attorney licensed to practice law in the State of Colorado.
Adopted eff. Sept. 1, 1990.

Rule 2. Filing and Service Procedure

(a) All documents and correspondence filed after the initial application shall contain the case number.
(b) When any document filed with the court is to be filed in more than one case, the party filing the document shall submit a sufficient number of copies for each case file involved.
(c) An original and three copies of all papers shall be filed with the court. The clerk shall forward a copy to the division engineer, the state engineer and the water referee.
(d) After the initial application is filed, all papers shall be served on all other parties as prescribed by C.R.C.P. 5. A certificate of service shall be completed for each service.
(e) The clerk shall include a certificate of mailing for every order, ruling or other document mailed by the clerk to the parties in any water matter.
(f) An applicant shall file and serve upon all parties at least 15 days prior to hearing on any application before the water judge, a proposed order that sets forth any necessary findings, terms or conditions that the applicant reasonably believes the court should incorporate into the decree.
Adopted eff. Sept. 1, 1990.

(a) A water case number will be assigned to actions recognized under C.R.S. 37 92 101 et seq.
(b) More than one water right, claim or structure may be incorporated in any one application under one caption, provided that the required information is given for each water right, claim, or structure, and that each has the same ownership.
(c) Where more than one water right was conditionally decreed under one case number, each water right so decreed may, but need not be, incorporated again in an application for a finding of reasonable diligence or to make absolute; however, such an application shall not be combined with any other case or application except by leave of court.
(d) Applications for determination of matters relating to water rights shall be filed in quadruplicate using the standard forms adopted by the water judges, or a format patterned after the standard forms. Upon request, the water clerk will provide an applicant one copy of the form to be used as the original application. The applicant shall be responsible for providing all information required by the forms. The water clerk may reject any application that is not accompanied by the required number of copies or the required filing fee. The following guidelines shall apply in filing applications:

(1) Every application shall include the legal description of the location of the point of diversion and of the place of storage, if any, of the subject water right, and a general description of the place of use.
(2) In areas having generally recognized street addresses, the street address and also the lot and block number, if applicable, shall be set forth in the application in addition to the legal description of the point of diversion or place of storage.
(3) Every application shall state the name and address of the owner or reputed owner of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use.
(4) The actual address of the applicant and the mailing address, if different, shall be given in all cases. An address in care of an attorney is not acceptable in the absence of special circumstances which must be set out fully in an accompanying statement and approved by the water judge.

(e) An application for determination of matters relating to underground water rights shall be governed by the following additional requirements:

(1) Such application shall designate each well, using the state engineer's well permit registration or recording number, if one exists. If a permit required by law has been issued by the state engineer, copies of the permit and the well completion and pump installation report, if completed, shall be attached to the application. If the permit was denied, a copy of the order of denial containing the denial number shall be attached. If this documentation is not available at the time of filing of the application, it shall be supplied as soon as practicable.
(2) If the name of the applicant is not the same as the name appearing on the well permit, then prima facie evidence of ownership of the well site must be submitted to the court. Copies of recorded deeds are preferred for this purpose.
Adopted eff. Sept. 1, 1990.

(a) For purposes of the application of C.R.C.P. 15, the application shall be considered to be a complaint, and a statement of opposition shall be considered to be a responsive pleading. An amendment to an application shall contain a legal description of the structures to which the amendment applies.
(b) When an application is amended, or a petition for correction of a ruling or decree is filed, republication shall be required at the expense of the applicant for the following changes:

(1) A change of over 200 feet in structure location;
(2) A change causing the well to come within 600 feet of an existing decreed well;
(3) A change or moving of a structure to a different quarter section;
(4) An increase in amount of use or addition of type of use, but not a decrease in amount of use or deletion of a type of use;
(5) A request for an earlier date of appropriation;
(6) A change in the source of water; or
(7) Any other change not specifically described that the court in its discretion deems material.

(c) Upon a showing that no person will be injured, the water judge or referee may determine that republication is unnecessary.
Adopted eff. Sept. 1, 1990.

(a) An application against which no statement of opposition has been filed may be withdrawn upon written notice to the court and without a court order prior to the entry of a decree.
(b) An application against which a statement of opposition has been filed shall not be withdrawn or dismissed except by order of the court.
(c) A statement of opposition may be withdrawn without order of the court if the opposer files a withdrawal of the statement of opposition certifying that the applicant has consented to the withdrawal. In the absence of consent of the applicant, the withdrawal of a statement of opposition must be approved by order of the court.
Adopted eff. Sept. 1, 1990.

(a) If the application is incomplete, or if some supporting documentation is not filed with the application, or if some further information is necessary for the disposition of the application, the referee may require the applicant to supply the required information in writing, by affidavit, or at an informal conference or hearing.
(b) The referee's ruling shall set forth appropriate findings as required by C.R.S. 37 92 303, and shall be in a format acceptable to the water judge.
Adopted eff. Sept. 1, 1990.

A Motion to Intervene shall be in accordance with C.R.S. 37 92 304(3). A failure to file a timely objection may be considered a confession of the Motion.
Adopted eff. Sept. 1, 1990.

Rule 8. Briefs

An original and one copy of each brief shall be filed. A brief shall be served in accordance with Water Court Rule 2(d). A brief shall not exceed thirty pages, double-spaced, without permission of the court. Counsel are encouraged to include a table of contents and a table of cases cited, which shall not be counted as part of the thirty-page limit.
Adopted eff. Sept. 1, 1990.

Rule 9. Transfer of Conditional Water Right and Change of Address

(a) Upon the sale or other transfer of a conditional water right, the transferee shall file with the water court having jurisdiction a notice of transfer which shall state:

(1) The title and case number of the case in which the conditional decree was issued;
(2) The description of the conditional water right transferred;
(3) The name of the transferor;
(4) The name and mailing address of the transferee; and
(5) A copy of the recorded deed.

(b) The owner of any conditional water right shall notify the clerk of the water court having jurisdiction of any change in mailing address.
(c) The clerk shall place any notice of transfer or change of address in the case file in which the conditional decree was entered and in the case file in which the court first made a finding of reasonable diligence.
Adopted eff. Sept. 1, 1990.

Rule 10. Exhibits

All exhibits offered in evidence shall be marked for identification by the reporter during the trial, unless previously marked at the court status conference or pursuant to a case management order, and shall remain in the custody of the clerk or reporter as designated by the judge, unless withdrawn by order of the court.
Adopted eff. Sept. 1, 1990.

Rule 11. Pre-Trial Procedure, Case Management, Disclosure and Simplification of Issues

The provisions of C.R.C.P. Rules 16 and 26 through 37 shall apply except that they shall be modified as follows:

(a) Water matters shall be considered to be at issue for purposes of C.R.C.P. Rules 16 and 26 ninety (90) days after the earlier of either of the following: entry of an order of referral or the filing of a protest to the ruling of the referee, unless the Water Court directs otherwise.
(b) Unless the Water Court directs otherwise, the time period for filing proposed Case Management Orders shall be no later than 75 days after a case is at issue. A suggested form of Case Management Order is attached as Appendix 1.
(c) Until a case is at issue, formal discovery pursuant to C.R.C.P. Rules 26 through 37 shall not be allowed. However, informal discovery, including discussions among the parties, disclosure of facts, documents, witnesses, and other material information, field inspections and other reviews, is encouraged prior to the time a water case is at issue.
(d) The time for providing mandatory disclosure pursuant to C.R.C.P. 26(a)(1) shall be as follows:

(1) For the applicant: 30 days after the case is at issue;
(2) For opposers: 30 days after service of the applicant's disclosure pursuant to C.R.C.P. 26(a)(1).

(e) The time periods for disclosure of expert testimony pursuant to C.R.C.P. 26(a)(2) shall, in all cases, be set forth in the Case Management Order. Such Case Management Order shall provide for disclosure by the applicant prior to disclosure by opposers.
(f) In circumstances where as a result of identification of witnesses and documents within the time frame for such identification set forth in the Case Management Order, but with insufficient time to allow responsive discovery or supplementation by an opposing party, then modification of the Case Management Order shall be freely granted.
Adopted eff. Sept. 1, 1990. Repealed and Adopted eff. Jan. 26, 1995. Amended eff. July 21, 1995, effective nunc pro tunc, January 26, 1995.

The requirements of these rules may be modified in exceptional cases to meet emergencies or to avoid substantial injustice or great hardship. Any request for modification shall be presented to the judge before whom the case is pending and shall state in writing the grounds supporting it. The opposing party shall be given reasonable notice and an opportunity to contest the request in writing.
Adopted eff. Sept. 1, 1990.