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Application for Change of Water Right

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JDF 300W R8-17 Application for Finding of Reasonable Diligence / To Make Absolute in Whole or in Part and Certificate of Notice

District Court, Water Division County, Colorado

Court Address:

CONCERNING THE APPLICATION FOR WATER RIGHTS OF

Applicant:

In the River or its Tributaries

In COUNTY

Attorney or Party Without Attorney (Name and Address):

Phone Number:

E-mail:

FAX Number:

Atty. Reg. #:

Case Number:

Division:

Courtroom:

APPLICATION:

For Finding of Reasonable Diligence

To Make Absolute in Whole or in Part

Original Case Number(s):

1. Name, mailing address, email address, and telephone number of applicant(s):

Name of Applicant Mailing Address Email address Telephone Number

2. Name of structure:

Type: well spring ditch reservoir other:

3. Describe conditional water right:

A. Date of Original Decree: Case No. Court:

B. Subsequent decrees awarding findings of diligence:

C. Legal description:

D. Source of water:

E. Appropriation Date: Amount:

F. Use:

G. Depth (if well):

4. Detailed outline of work done toward completion or for completion of the appropriation and application of water to beneficial use, including expenditures:

5. If claim to make absolute in whole or in part:

A. Date water applied to beneficial use: Amount:

Use:

B. Supporting evidence that applicant diverted water in-priority and applied such water to the beneficial uses claimed:

C. Description of place of use where water is applied to beneficial use:

If actual location of the structure is different from the location in paragraph 3.C., provide the actual description:

Location information in UTM format (Preferred)

UTM Easting: Northing:

Zone: Zone 12 Zone 13

Street Address:

Subdivision: Lot Block

Source of UTMs:

Accuracy of location displayed on GPS device:

Legal Description Using the Public Land Survey System (PLSS) (Optional)

County of the Section Township N S Range E W Principal Meridian

Distance from section lines: Feet from N S and Feet from E W

Source of PLSS information:

Street Address:

Subdivision: Lot Block

6. Names(s) and address(es) of owner(s) or reputed owners of the land:

Name of Owner Mailing Address

7. Remarks or any other pertinent information:

By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form.

By checking this box, I am acknowledging that I have made a change to the original content of this form.

Signature of Applicant(s) (if self-represented) or Attorney

Date

Verification and Acknowledgment

I being first duly sworn, hereby state that I have read this Application, that I have personal knowledge of the facts stated and, that I verify its contents to the best of my knowledge, information, and belief.

Signature

Date

County of , State of Colorado, this day of , 20.

My Commission Expires:

Notary Public/Deputy Clerk:

The person signing this verification is: Applicant Engineer Other (describe)

Certificate of Notice

I, hereby certify that I have provided a copy of the application filed on with the Court to the following owner(s):

1.

2.

3.

The application was provided by: Certified mail Registered mail return receipt requested, within 14 days after filing.

Date

Signature/Title

Enter text

What the Application for Change of Water Right Is

The Application for Change of Water Right is a formal state filing used to request modification of an existing water right’s terms, such as place of use, point of diversion, purpose of use, or season of use. The form documents current and proposed uses, legal descriptions, maps or plats, and evidence of beneficial use. Agencies review proposed changes for priority, injury to other rights, and compliance with state water law and environmental requirements. Completing the application accurately helps avoid processing delays, public objections, and potential administrative denials.

Why Submitting a Proper Application Matters

A clear, complete application demonstrates intent and provides the factual record the agency needs to assess water availability and potential injury to other rights. Accurate filings reduce the chances of survey errors, public objections, and costly rework while preserving your priority and legal protections under state water law and applicable federal rules.

Why Submitting a Proper Application Matters

Who Typically Prepares and Files These Applications

Users range from individual water-right holders and irrigation districts to municipal utilities and private developers; attorneys or consultants often assist with technical exhibits.

  • Individual owners or irrigators preparing changes to place or purpose of use
  • Irrigation districts and utilities seeking consolidated or transferred uses
  • Environmental or municipal applicants coordinating technical studies and public notice

Choose preparers with experience in your state’s water-right procedures, since requirements, public notice obligations, and evidence standards vary by jurisdiction.

Typical Signatories and Their Roles

State Water Manager

A water resources administrator or engineer who reviews change applications and assesses potential injury to other rights and environmental impacts. This person enforces state statutes and issues draft orders or notices of intent to approve or deny based on factual record and law.

Applicant Representative

An attorney, consulting hydrologist, or irrigation district director who prepares technical exhibits, certifies factual statements, and provides sworn declarations or notarized signatures as required by the state agency.

Essential Data Fields Required on the Form

Applicant Name: Full legal name
Water Right Number: State-issued identifier
Change Description: Specific proposed modification
Legal Description: Section/township/range
Place of Use: Acres or service area
Diversion Point: Coordinates or physical location

Consequences of an Incorrect or Incomplete Application

Administrative Rejection: Application returned for correction
Delay in Approval: Processing timelines extended
Public Objection: Hearing or contested proceeding
Enforcement Risk: Fines or corrective orders
Loss of Priority: Potential forfeiture or diminished rights
Increased Costs: Additional surveys or counsel fees

Common Preparation Errors to Avoid

  • Incomplete maps or insufficient map scale lead to review delays and requests for clarification
  • Mismatched names between application and supporting deeds may trigger identity or title questions
  • Missing evidence of beneficial use or diversion measurements often results in objections or denial
  • Failing to serve or publish required public notice can invalidate the proceeding and force refiling

Step-by-Step: Completing the Application

Follow a logical sequence from background checks to final submission to reduce rework and ensure compliance with agency rules.

  • 01
    Gather records: Collect deed, existing water-right paperwork, and monitoring data
  • 02
    Prepare maps: Produce scale maps showing current and proposed points and place of use
  • 03
    Draft narrative: Explain the change, reasons, and beneficial-use evidence
  • 04
    Submit with fees: Include filing fee, notarization, and required attachments

Where the Application Goes After Filing

Agencies follow set processing steps including intake, technical review, public notice, objection handling, and final action; timelines vary by state and complexity.

  • Intake Review: Agency checks completeness and fee payment
  • Technical Analysis: Hydrologic and legal review for injury assessment
  • Public Notice: Agency posts notice and accepts protests
  • Decision: Order issued, possibly after hearing

Key Components of a Complete Professional Application

A professionally prepared filing combines legal narrative, technical exhibits, and compliance items to satisfy agency standards and defend the change against objections.

Legal Narrative

Concise explanation of the requested change, statutory authority, and demonstration that the change will not injure senior rights, typically supported by legal citations and sworn statements.

Maps and Plats

Scaled maps showing current and proposed diversion points, place of use, and water-course reaches; include coordinates and a legend to ensure accurate agency plotting.

Hydrologic Data

Streamflow, diversion records, meter readings, or modeling results showing availability and the change’s effect on other users and resources.

Title and Ownership

Current deed, assignment documents, or district resolutions establishing the applicant’s authority to request the change.

Proof of Beneficial Use

Crop reports, municipal demand records, or affidavit evidence demonstrating historical or planned beneficial use consistent with the claimed right.

Public Notice Material

Draft notices, mailing lists, and affidavit of publication or service demonstrating compliance with required public-notice procedures.

Configuring an Online Completion and Submission Workflow

Design an online workflow to collect exhibits, authenticate signers, and deliver a complete filing package to the agency and stakeholders.

Field Configuration
Document Upload Accept PDF, DOCX, and georeferenced map images
Signer Authentication Use email + optional SMS or KBA for stronger ID
Conditional Fields Show additional exhibits when specific change types selected
Submission Routing Send copies to agency, counsel, and affected parties

Technical Options for eSubmission and Signature

Choose a platform that supports secure e-signing, required file formats, and audit trails to satisfy agency record rules.

  • File Formats: PDF and DOCX accepted by most agencies
  • Integrations: Connectors to Google Workspace, Microsoft 365, and NetSuite
  • Authentication: Email, SMS, or advanced methods available

Confirm the receiving state agency accepts electronic submissions and whether notarization or original hard copies remain required before choosing a fully digital workflow.

Typical Timelines and Processing Expectations

Processing times depend on jurisdiction, change complexity, and public response; plan for multiple review stages and potential hearings.

Initial Completeness Check:

30–60 days typical

Technical Review:

60–180 days depending on complexity

Public Notice Period:

30–90 days for protests

Hearing Scheduling:

30–120 days if contested

Final Order Issuance:

Varies; often 90+ days after hearing

eSignature Provider Pricing Overview for Filing and Signing

Compare entry-level pricing and key features for common eSignature providers used to collect signatures on filings and supporting exhibits.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Representative Use Cases for a Change Application

Two practical scenarios show typical change requests and the documentation that supported approval or successful defense against objections.

Irrigation District Change

A district consolidated multiple small claims into one application to move place of use closer to current fields

  • The filing included district resolutions and consolidated diversion records
  • The agency accepted the consolidated filing after public notice and minor map clarifications, reducing administrative overhead.

Municipal Transfer

A city sought to add municipal uses to an existing right previously limited to industrial use

  • Engineers submitted demand projections and distribution plans
  • The application succeeded after a hearing when the city demonstrated no injury and submitted mitigation conditions.

Frequently Asked Questions About the Application for Change of Water Right

Answers address common legal, procedural, and technical questions encountered when preparing or submitting a change application.


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