Ryley Carlock & Applewhite

Colorado Supreme Court Adopts Changes to Rules Governing Water Court Proceedings

The Colorado Supreme Court recently adopted extensive changes to the rules governing water court proceedings in front of the Water Referee and the Water Judge. After receiving public comments on current problems with the Water Court system, the Water Court Committee revised to rules with the goal of creating "timely, fair, and effective water courts." The new Water Court Rules impose additional requirements to move cases through the courts more quickly. The Rules also require more independent expert involvement in water cases. The new Water Court Rules apply to cases filed on or after July 1, 2009. The major changes to the Rules are summarized below.

Timeline for Cases Before the Water Referee- Water Court Rule 6

Deadline for Water Referee to issue a ruling on unopposed applications	60 days after the expiration of the period for filing Statements of Opposition (may be extended for up to one year)
Deadline for the Division Engineer to complete the consultation report	30 days after meeting with the Water Referee
Deadline for applicant's attorney to set the initial status conference in opposed cases	60 days after the expiration of the period for filing Statements of Opposition
Deadline for Water Referee to issue a ruling on opposed applications	1 year after the expiration of the period for filing Statements of Opposition

Timeline for Cases Re-Referred Cases- Water Court Rule 11

Case At Issue	45 days after Re-Referral or Protest of the Water Referee's Ruling
Confer and Exchange Information	15 days after the At Issue date
Applicant 26(a)(1) Disclosure Due	30 days after the At Issue date
Settlement Discussions	35 days after the At Issue date
Opposer 26(a)(1) Disclosure Due	30 days after the Applicant 26(a)(1) Disclosure
Trial Setting	60 days after the At Issue date
Certificate of Compliance	75 days after the At Issue date
Stipulated Modified Case Management Order	75 days after the At Issue date
Motion for Modified Case Management Order	75 days after the At Issue date
Motion to Amend Pleadings or Add Parties	120 days after the At Issue Date
Applicant 26(a)(2) Disclosure Due	240 days before Trial
First Expert Meeting	45 days after Applicant 26(a)(2) Disclosure
Applicant Supplemental Disclosure Due	After the First Expert Meeting, but at least 180 days before Trial
Opposer 26(a)(2) Disclosure Due	120 days before Trial
Second Expert Meeting	25 days after Opposer 26(a)(2) Disclosure
Joint Expert Written Statement Due (prepared by the experts)	15 days after Second Expert Meeting
Rebuttal Disclosures Due	90 days before Trial
Summary Judgment Motions Due	90 days before Trial
Joint Statement of Specific Disputed Issues Due	60 days before Trial
Completion of Discovery	50 days before Trial
Exchange Draft Witness and Exhibit Lists	40 days before Trial
All other Pre-Trial Motions Due	35 days before Trial
Proposed Trial Management Order Due	30 days before Trial
Proposed Decree Due	15 days before Trial
Trial Brief Due	10 days before Trial