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Colorado Water Court Rules

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APPLICATION FOR WATER STORAGE RIGHT AND CERTIFICATE OF NOTICE

District Court, Water Division , 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. #:

COURT USE ONLY

Case Number:

Division:

Courtroom:

APPLICATION FOR CONDITIONAL ABSOLUTE WATER STORAGE RIGHT

It is the applicant’s responsibility to provide the location for each structure in this application. For structures that are already decreed, use the location from the most recent decree that adjudicated the location. UTM coordinates (for example from a GPS device), or measured distances in the field from known section lines are acceptable. The Division Engineer, the Water Referee, or the Water Judge, may order the applicant to confirm the location of any structure with UTM coordinates, a survey, or other method.

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

Name of Applicant Mailing Address Email address Telephone Number

2. Name of Reservoir:

3. Legal description of location of dam centerline.

Location information in UTM format (Preferred):

UTM coordinates

Easting Northing

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):

Legal Description:

County 1/4 of the 1/4 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:

4. Source:

5. If filled from a ditch:

A. Name(s) of ditch(es) used to fill reservoir and capacity in cubic feet of water per second (cfs):

B. Legal description of each point of diversion:

UTM coordinates

Easting Northing

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):

Legal Description:

County 1/4 of the 1/4 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:

6. A. Date of appropriation:

B. How appropriation was initiated:

C. Date water applied to beneficial use:

7. Amount claimed:

A. In acre feet: Conditional Absolute

B. If filled from a ditch, rate of diversion for filling the reservoir: Conditional cfs gpm Absolute cfs gpm

If claiming an absolute water right, application shall include supporting evidence that confirms the capacity of the reservoir and that applicant diverted water in-priority and applied such water to the beneficial uses claimed in the amounts claimed.

8. List All Uses or Proposed Uses:

A. If irrigation, complete the following:

Number of acres historically irrigated ; proposed to be irrigated

Does the Applicant intend to use this water right to supplement irrigation on an area of land already irrigated under another water right? yes no

Legal description of irrigated acreage:

B. If non-irrigation, describe purpose fully:

9. Surface area of high water line: Square Feet Acres

A. Vertical height of dam in feet:

B. Length of dam in feet:

10. Total capacity of reservoir in acre feet:

Active capacity: Dead storage:

11. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new or existing diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool.

The applicant must notify these persons that the applicant is applying for this water right, and certify to the Court that the applicant has done so by no later than 14 days after filing this application.

Name of Owner Mailing Address

12. Remarks or any other pertinent information:

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

Date

VERIFICATION AND ACKNOWLEDGMENT OF APPLICANT OR OTHER PERSON HAVING KNOWLEDGE OF THE FACTS STATED IN THIS APPLICATION

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

The foregoing instrument was acknowledged before me in the County of , State of Colorado, this day of , 20, by the person whose signature appears above.

My Commission Expires:

Notary Public/Deputy Clerk:

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

Verifications of other persons with knowledge of the facts may be attached to this Application.

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) of the land upon which any new diversion or storage structure or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored:

1.

2.

3.

The application was provided to the landowner(s) by Certified or Registered mail, return receipt requested, within 14 days after the application was filed with the Court.

Date

Signature/Title

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What the Colorado Water Court Rules Govern

The Colorado Water Court Rules are the procedural and evidentiary standards governing water rights litigation and adjudication in Colorado's specialized water courts. They set timelines, filing formats, notice requirements, pleading content, proof standards, and procedures for objections, amendments, and decrees. The rules guide how water rights claims are initiated, how exchanges and augmentation plans are evaluated, and how priority and administration disputes are resolved. Practitioners, water users, districts, and interested stakeholders rely on the rules to ensure filings meet statutory requirements and enable courts to manage complex hydrologic and legal issues consistently across Colorado's seven water divisions.

Why Accurate Compliance with the Rules Matters

Following Colorado Water Court Rules ensures timely, properly formatted filings, clearer notice to affected parties, and reliable record creation for adjudication. Adherence reduces procedural dismissals, accelerates resolution of priority disputes, and preserves rights subject to statute and court deadlines.

Why Accurate Compliance with the Rules Matters

Who Relies on the Colorado Water Court Rules

Practitioners, water users, water districts, engineers, and court clerks rely on Colorado Water Court Rules for filing, notice, and proof requirements.

  • Private ditch owners and irrigators preparing claims and historical use evidence.
  • Municipal utilities and water districts managing appropriation, exchanges, and augmentation plans.
  • Attorneys and consultants drafting pleadings, affidavits, hydrology reports, and serving parties.

Step-by-Step: Preparing a Water Court Filing

Follow these steps to prepare and file a water court petition and related pleadings properly in Colorado.

  • 01
    Prepare Petition: Draft a petition describing appropriation, priority date, and claimed amounts.
  • 02
    Assemble Proof: Collect affidavits, maps, diversion records, and engineering reports.
  • 03
    File & Serve: Submit pleadings to the appropriate division clerk and serve parties.
  • 04
    Attend Hearing: Present evidence, cross-examine, and comply with court scheduling orders.

Common Questions About Filing and eSignatures

Frequently asked questions about Colorado Water Court Rules, filings, notarization, and e-signature acceptance in water proceedings.


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Key Components Built into the Rules

Core components include jurisdictional scope, pleading standards, proof requirements, notice and service rules, hearing procedures, decree issuance, and appellate considerations.

Jurisdiction

Defines water court jurisdiction by drainage division, the types of claims heard, and requirements to establish standing and proper venue for water rights adjudication.

Pleadings

Specifies petition content, required factual allegations, claim elements, and formatting rules including caption, signature blocks, and exhibit references to meet clerk acceptance.

Notice

Sets who must be served, required notice content, publication rules for unknown claimants, and timelines for objections or interventions by affected parties.

Proof

Outlines acceptable evidence—affidavits, maps, measurement records, and expert reports—plus requirements for cross-examination and exclusion of inadequate exhibits.

Hearings

Describes scheduling, pretrial procedures, admission of exhibits, witness orders, and how the court evaluates conflicting proof on priority and beneficial use.

Decrees

Explains how final decrees are prepared, corrected, and entered, including procedure for quantification, conditional decrees, and subsequent administration steps.

Essential Data Elements to Include

Petitioner Name: Full legal name as on ID
Priority Date: Exact appropriation date or year
Description of Use: Purpose, season, and place of use
Quantity Claimed: Volume in acre-feet or cfs
Map/Coordinates: Labeled maps and GPS coordinates
Affidavit & Exhibits: Signed affidavits and supporting documents

Consequences of Procedural or Evidentiary Errors

Procedural Dismissal: Case dismissed for noncompliance
Lost Priority: Failure to prove priority harms rights
Re-Notice Required: Additional notice costs and delay
Evidence Excluded: Untimely exhibits may be barred
Sanctions & Fees: Monetary sanctions or fee awards
Appeal Complications: Errors increase appellate risk

Common Pitfalls to Avoid

  • Submitting maps that lack scale, legal descriptions, or proper labeling, causing clerk rejection and need for corrected exhibits.
  • Using inconsistent party names between petition, affidavits, and service documents, leading to service defects or jurisdictional challenges.
  • Failing to verify priority dates or measurement units, resulting in miscalculated amounts and weakened proof at hearing.
  • Neglecting local division rules for e-filing, notarization, or exhibit formatting, which triggers clerk returns and administrative delays.

How Electronic Submission and Signing Typically Work

This overview summarizes the typical electronic filing and service workflow for Colorado water court proceedings.

  • Upload Documents: Prepare PDF/A exhibits and indexed attachments.
  • Place Fields: Add signature and date fields where required.
  • Authenticate Signers: Use email, SMS code, or RON identity-proofing.
  • Audit Trail: Capture timestamps, IPs, and action logs.

Suggested Digital Workflow Settings for Water Court Filings

Configure your digital workflow to match Colorado water court rules on format, signatures, and evidence labeling.

Field Configuration
Document Format PDF/A files; exhibits paginated and bookmarked
Signer Authentication Email code or RON per clerk rules
Exhibit Indexing Numbered exhibit list, filename conventions
Service Method Personal service, mail, or e-service as allowed
Retention Store signed record with audit trail for required period

Platform Capabilities to Match Court Expectations

Acceptable platforms must support secure PDFs, audit trails, and proper signer authentication consistent with court expectations.

  • File Types: PDF, DOCX, XML accepted
  • Integrations: NetSuite, Salesforce, Google Workspace
  • Security: AES-256 at rest; TLS 1.2/1.3 in transit

Typical Deadlines and Timeframes to Watch

Key filing and service deadlines for water court matters vary by division; confirm local rules early in the process.

Petition Filing:

File petition per division schedule; include exhibits and fee.

Service Deadline:

Serve known claimants within time specified in Colorado Rules.

Pretrial Disclosures:

Disclose witnesses and exhibits per scheduling order.

Exhibit Exchange:

Exchange marked exhibits before the hearing date per clerk.

Hearing Notice:

Court issues notice; parties must be present or represented.

eSignature Pricing and Feature Snapshot for Court Filings

Compare common eSignature vendor pricing and feature availability relevant to filing and signing Colorado water court documents.

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 Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Illustrative Use Cases

Real-world examples demonstrate how parties use the Colorado Water Court Rules to document and adjudicate water rights effectively.

Irrigation District Adjudication

An irrigation district compiled historical diversion records and affidavits to support seniority claims across multiple ditch companies before a division court.

  • Focused on priority dates and consumptive-use accounting.
  • The court required detailed maps and numerically indexed exhibits; the district corrected deficiencies, re-noticed affected claimants, and achieved a decree clarifying volumes and administration, reducing future conflicts and facilitating water planning.

Municipal Augmentation Plan

A municipality filed an augmentation plan with engineering reports and monitoring protocols to secure water for a growing service area while protecting senior rights.

  • Included detailed monitoring and adaptive management procedures.
  • After meeting exhibit standards and providing required notice, the court approved the plan with conditional monitoring, allowing controlled use while ensuring compliance with decrees and minimizing downstream impacts, and set periodic reporting and adjustment hearings to resolve disputes.

Practical Best Practices for Filing and Evidence

Best practices reduce procedural risk and speed resolution when preparing Colorado water court submissions and supporting evidence.

Coordinate with the division clerk early
Contact the division clerk before filing to confirm preferred formats, fees, e-filing portals, and notarial acceptability. A short pre-filing inquiry prevents rejections and clarifies local procedures, saving time and avoiding motion practice later.
Verify all party names and priority dates
Ensure exact matching spelling for parties, consistent priority dates in all documents, and correct measurement units. Discrepancies cause service problems, evidentiary challenges, and may impair the court's ability to enter a clear decree.
Prepare numbered indexed exhibits and maps
Number and paginate exhibits, include legible maps with scales and coordinates, and cross-reference each exhibit in affidavits. Clear exhibit presentation reduces clerk rejection, improves evidence admissibility, and assists the factfinder in assessing priority and use.
Use qualified hydrology and engineering expert affidavits
Supply expert affidavits that explain methodologies, measurement reliability, and assumptions. Experts should address diversion history, consumptive use, and any modeling used. Courts weigh methodological clarity heavily when resolving conflicting proof on priority and beneficial use.

Typical Roles and Who Signs

Water Attorney

Water attorneys represent claimants and respondents, draft petitions, prepare evidence, and handle procedural motions. They interpret the Colorado Water Court Rules, coordinate service, and advise on strategy for priority disputes, augmentation plans, and long-term administration of decreed rights.

Irrigator

Irrigator representatives gather historical use records, maintain measurement logs, coordinate ditch company notices, and work with counsel to document consumptive use. Their evidence often centers on continuous diversion, beneficial use, and local custom for seasonality and duty of water.

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