Rule Change 2020(22) Uniform Local Rules for All State Water Court Divisions
Rule 3. Applications for Water Rights
August 19, 2020
(a)–(f) [NO CHANGE]
(g) Not later than the fifteenth day of each month, the water clerk shall prepare a resume of all applications filed in the water division during the preceding month. The resume shall give the name and address of the applicant, a description of the water right or conditional water right involved, including without limitation the location of the structures, exchange reaches, instream flow reaches or natural lakes involved, the source of the water right and whether the water claimed is nontributary, and a description of the ruling sought. The resume may also contain additional information from the application if requested by the applicant. If the applicant is represented by counsel, the resume meeting the foregoing requirements shall be provided by the applicant at the time of filing the application or at the time of any republication, and shall be consistent with any formatting requirements of the water judge. Not later than the end of such month, the water clerk shall post a copy of the resume on the water court’s website and shall also cause such publication to be made of each resume or portion thereof in a newspaper or newspapers as is necessary to obtain general circulation once in every county in which a structure, device, appropriative right of exchange reach, instream flow reach or natural lake for which a protected natural surface level or volume is proposed is located, and in any additional counties that an applicant may request. Publication in such newspaper or newspapers shall constitute the complete determination by the water judge of every county affected as required by C.R.S. § 37-92-302(3)(b). Such newspaper publication shall indicate that a copy of the resume is also available on the water court’s website. A newspaper in which the resume is published or republished shall directly bill the applicant rather than the water clerk for the costs of publication, and the applicant shall promptly pay such costs. Proof of publication of the resume notice shall be filed with the court within one hundred eighty-two (182) days of the date of publication.
Amended and Adopted by the Court, En Banc, June 25, 2020, effective immediately.
By the Court:
Monica M. Márquez
Justice, Colorado Supreme Court