July 17, 2009

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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

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