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Water Court Committee


New water court rules applicable July 1, 2009

Final Redlined Version of 2012 Revisions to Water Court Rules 2, 3, 6, & 11

Final Redlined Version of 2014 Revisions to Water Court Rules 6 & 11

On Dec. 4, 2007, Chief Justice Mary Mullarkey signed an order authorizing the establishment of the Water Court Committee of the Colorado Supreme Court. In keeping with that order, the Chief Justice appointed 21 members to the committee on Dec. 11, 2007, to serve through Aug. 1, 2008.

The Committee is currently chaired by Justice Greg Hobbs of the Colorado Supreme Court.

The Water Court Committee is charged with reviewing the water court process; identifying possible ways through rule and/or statutory change to achieve efficiencies in water court cases while still protecting quality outcomes; and ensure the highest level of competence in water court participants. Under the Chief Justice’s order, the committee cannot alter or impair existing water use rights of any public agency or private person.

In compliance with the Chief Justice's order, the committee provided its recommendations to the Chief Justice on Aug. 1, 2008. The Chief Justice then made the report available to the Colorado General Assembly and Governor Bill Ritter. Per the committee's recommendation, she also made the committee a permanent standing committee of the Colorado Supreme Court.

Public Hearing Notice: 
Information regarding the public hearing on proposed rule changes, 3:00 p.m. Wed., Dec. 3, 2008, Supreme Court courtroom:
Notice of public hearing
Combined Redline Rules 2, 3, 6, 11, 90, Expert Declaration
Water Court Committee proposal for alternate Rule 2 and proposed legislation
Documents and presenters as of Nov. 21, 2008
Water Court Committee alternative Expert Declaration changes marked Nov. 21, 2008
State Engineer Alternative Draft Rule 2
Public Comments Submission: White and Jankowski
Public Comments Submission: Water Judge Daniel B. Petre
Public Comments Submission: Magistrate Lain Leoniak
Public Comments Submission: Felt, Monson & Culichia
Public Comments Submission: Holsinger Law
Public Comments Submission: Asst. AG John J. Cyran
Public Comments Submission: The Applegate Group
Public Comments Submission: Colorado Springs Utilities
Public Comments Submission: Berg Hill Greenleaf & Ruscitti
Public Comments Submission: Petros & White
Public Comments Submission: Balcomb & Green
Public Comments Submission: Jehn Water Consultants
Public Comments Submission: Holland & Hart
Public Comments Submission: Burns Figa & Will
Public Comments Submission: Alperstein & Covell
Public Comments Submission: Porzak Browning & Bushong
Public Comments Submission: Colorado Bar Association Water Law Section
Public Comments Submission: Leonard Rice Engineers
Public Comments Submission: Bernard Lyons Gaddis & Kahn

For the audio recording of the Dec. 3, 2008, public hearing on proposed Water Court rules, please click here and look under the Dec. 08 tab.

Committee Formation and Report:

Chief Justice order authorizing the formation of the Water Court Committee

Chief Justice order appointing Water Court Committee members

Press Release: Water Court Committee of the Supreme Court established

Press Release: Water Court Committee of Colorado Supreme Court to hold public hearing on March 10 at the Colorado Judicial Building

Water Court Committee report to the Chief Justice (Aug. 1, 2008)

Chief Justice report transmittal letter to Governor Ritter and General Assembly (Aug. 8, 2008)

Chief Justice order authorizing standing Water Court Committee (Aug. 8, 2008)

Press Release: Chief Justice establishes standing Water Court Committee of the Colorado Supreme Court; committee report sent to governor and General Assembly

State Water Court Rules can be found at LexisNexis.com (Colorado Court Rules Chapter 36)

Meeting Information:

Water Court Committee meeting minutes from Dec. 20, 2007

Water Court Committee meeting agenda for Feb. 11, 2008

Water Court Committee meeting minutes from Feb. 11, 2008

Water Court Committee meeting agenda (with comments) for March 10, 2008 (public hearing)

Audio recording of Water Court Meeting 03-10-2008 (temporarily unavailable)

Water Court Committee meeting agenda for May 23, 2008

Water Court Committee meeting agenda for June 13, 2008

Water Court Committee meeting agenda for July 21, 2008

Water Court Committee meeting minutes from July 21, 2008

Water Court Committee meeting agenda for Sept. 4, 2008

Water Court Committee meeting minutes from Sept. 4, 2008

Water Court Committee draft meeting agenda for Oct. 27, 2008

Water Court Committee Letters:

Justice Hobbs to Rep. Curry, Sen. Isgar and Harris Sherman (Jan. 4, 2008)

Judge Kuenhold to the Water Bar, Water Division No. 3 (Jan. 11, 2008)

Judge Petre to Justice Hobbs on the Water Court Process (Jan. 14, 2008)

Resource Materials:

Water Court statistics presented at the Feb. 11, 2008, full committee meeting

Expert Witnesses Adversarial Bias

Federal Reference Manual on Scientific Evidence

Water Court Processes by Referee Lain Leoniak

Colorado’s 1969 Adjudication and Administration Act by Justice Hobbs

Reforming the Culture of Partiality: Diffusing the Battle of the Experts in the Western Water Wars by Mariam J. Masid

Public Input Outreach Brochure

Statistical Presentation, June 13, 2008

Water Courts: Conclusions and Opportunities, June 13, 2008

Water Court Committee Public Outreach Subcommittee survey results

Water Court Committee Public Outreach survey open comments

Non-Attorney's Guide to Colorado Water Courts

Many of the above documents are in Adobe Acrobat pdf format. You can download the free Acrobat Reader software from Adobe.

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