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Rule Change 2021(06)

Uniform Local Rules for All State Water Court Divisions. Chapter 36 Uniform Local Rules for All State Water Court Divisions Note and Rule 11

May 3, 2021


Chapter 36

Uniform Local Rules for All State Water Court Divisions

These rules apply to water court proceedings subject to sections 37-92-302 to 37-92-305, C.R.S., including final decennial abandonment lists, which are published in the water court resume under section 37-92-302(3), C.R.S., and considered water court applications under these rules. Except as expressly provided in these rules, the Colorado Rules of Civil Procedure, including the statewide 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 All prior water court local rules are repealed.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 11. Pre-Trial Procedure, Case Management, Disclosure, and Simplification of Issues

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

(a) C.R.C.P. 16(b)–(e), C.R.C.P. 16(f)(3)(VI)(C), C.R.C.P. 16(g), and C.R.C.P. 26(a)(2)(B)(I)(g) shall not apply to water court proceedings subject to sections 37-92-302 to 37- 92-305, C.R.S. (b) [NO CHANGE]

(1) At Issue Date. Water court applications subject to sections 37-92-302 to 37-92-305, C.R.S., shall be considered to be at issue for purposes of this Rule and C.R.C.P. 26 49 days (7 weeks) after the earlier of either of the following: entry of an order of re-referral or the filing of a protest to the ruling of the referee, unless the water court directs otherwise. Unless the water court directs otherwise, the time period for filing a Certificate of Compliance under subsection (b)(7) of this Rule shall be no later than 77 days (11 weeks) after a case is at issue.

(b)(2)–(b)(10) [NO CHANGE]

(c) [NO CHANGE]

COMMITTEE COMMENT [NO CHANGE]

Amended and Adopted by the Court, En Banc, May 3, 2021, effective immediately.

By the Court:

Monica M. Márquez

Justice, Colorado Supreme Court

Official Colorado Supreme Court Rules Committees proceedings can be found at the Colorado Supreme Court Rules Committees website.

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