Water Court Rule 3

(a) Applications filed under C.R.C.P. 90 for determination of a water right, determination of a conditional water right, a change of water right, a determination that a conditional

water right has become a water right, approval of a plan for augmentation, a finding of

reasonable diligence, approval of a proposed or existing exchange of water, approval to use

water outside of the state, and any other matter for which such a standard form exists shall

be filed using the standard forms adopted by the water judges, or a format patterned after

the standard form containing the information required by the applicable standard form. The

applicant shall be responsible for providing all information required by the forms and this

Rule 3.

(b) (1) More than one water right, claim or structure may be incorporated in any one

application under one caption, provided that the required information is given for each

water right, claim, or structure.

(2) Persons alone or in concert may file applications for approval of plans for augmentation, including water exchange projects, and subsequent changes thereto.

(3) In applications for determinations of rights to groundwater described in C.R.S.

§ 37-90-137(4):

(A) If the applicant claims consent of the owner(s) of the overlying land as the basis

for such a determination, the application must include one or more of the following

documents as applicable:

(i) If the basis for such consent is C.R.S. § 37-90-137(4)(b)(II)(A), the application

must include (1) recorded copies of the written consent from the owner(s) of the overlying

land to the applicant, which consent includes a legal description of the land and identification of the aquifers for which consent has been given, and (2) an instrument evidencing

ownership of such land by such consenting owner(s) at the time such consent was granted.

(ii) If the basis for such consent is C.R.S. § 37-90-137(4)(b)(II)(C), the application

must include a certified copy of (1) the ordinance or resolution described in C.R.S.

§ 37-90-137(8) that incorporates groundwater, and (2) the part of the detailed map

described in C.R.S. § 37-90-137(8) that shows the land area as to which consent is deemed

to have been given.

(B) Two or more overlying land owners may file a joint application for determinations

or changes of rights to such groundwater to be withdrawn through a ‘‘well field,’’ provided

that the application must contain sufficient information to demonstrate that lands subject to

the application meet the requirements of a ‘‘well field’’ as defined in the ‘‘rules and

regulations applying to applications for well permits to withdraw groundwater pursuant to

section 37-90-137(4), C.R.S.’’ 2 C.C.R. 402-7. Such joint application may include only

claims for determinations or changes of rights to groundwater described in C.R.S. § 37-

90-137(4) and plans for augmentation (with or without exchanges) related thereto.

(4) Nothing contained in this rule 3(b) shall prevent the consolidation or bifurcation of

applications or portions thereof under other applicable rules or law, or affect or discourage

applications involving a single applicant or single water right, claim or structure.

(c) Where more than one water right was conditionally decreed under one case

number, each water right so decreed may, but need not be, incorporated again in a single

application for a finding of reasonable diligence or to make absolute, regardless of whether

such rights remain in common ownership; however, such an application shall not be

combined with any other case or application except by leave of court and the owner of

each such right shall be an applicant in such application.

(d) The following guidelines shall apply in filing applications:

(1) Every application shall include the legal description of the location of the point of

diversion and of the place of storage, if any, of the subject water right, and a general

description of the place of use.

(2) In areas having generally recognized street addresses, the street address and also

the lot and block number, if applicable, shall be set forth in the application in addition to

the legal description of the point of diversion or place of storage.

(3) Every application shall state the name and address of the owner or reputed owner

of the land upon which any new 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 may

rely upon the real estate records of the county assessor for the county or counties in which

the land is located to determine the owner or reputed owner of potentially affected land.

(4) The actual address of the applicant and the mailing address, if different, shall be

given in all cases. An address in care of an attorney is not acceptable in the absence of

special circumstances which must be set out fully in an accompanying statement and

approved by the water judge.

(e) An application for determination of matters relating to underground water rights

shall be governed by the following additional requirements:

(1) Such application shall designate each well, using the state engineer’s well permit

registration or recording number, if one exists. If a permit required by law has been issued

by the state engineer, copies of the permit and the well completion and pump installation

report, if completed, shall be attached to the application. If the permit was denied, a copy

of the order of denial containing the denial number shall be attached. If this documentation

is not available at the time of filing of the application, it shall be supplied as soon as

practicable.

(2) If the name of the applicant is not the same as the name appearing on the well

permit, then prima facie evidence of ownership of the well site must be submitted to the

court. Copies of recorded deeds are preferred for this purpose.

(f) An application for approval of a change of water right or plan for augmentation

shall include a complete statement of such change or plan, including a description of all

water rights to be established or changed by the plan, a map showing the approximate

location of historical use of the rights, and records or summaries of records of actual

diversions of each right the applicant intends to rely on to the extent such records exist.

(g) Not later than the fifteenth day of each month, the water clerk shall prepare a

resume of all applications filed in the water division during the preceding month. The

resume shall give the name and address of the applicant, a description of the water right or

conditional water right involved, including without limitation the location of the structures,

exchange reaches, instream flow reaches or natural lakes involved, the source of the water

right and whether the water claimed is nontributary, and a description of the ruling sought.

The resume may also contain additional information from the application if requested by

the applicant. If the applicant is represented by counsel, the resume meeting the foregoing

requirements shall be provided by the applicant at the time of filing the application or at the

time of any republication, and shall be consistent with any formatting requirements of the

water judge. Not later than the end of such month, the water clerk shall post a copy of the

resume on the water court’s website and shall also cause such publication to be made of

each resume or portion thereof in a newspaper or newspapers as is necessary to obtain

general circulation once in every county in which a structure, device, appropriative right of

exchange reach, instream flow reach or natural lake for which a protected natural surface

level or volume is proposed is located, and in any additional counties that an applicant may

request. Publication in such newspaper or newspapers shall constitute the complete determination by the water judge of every county affected as required by C.R.S. § 37-92-

302(3)(b). Such newspaper publication shall indicate that a copy of the resume is also

available on the water court’s website. A newspaper in which the resume is published or

republished shall directly bill the applicant rather than the water clerk for the costs of

publication, and the applicant shall promptly pay such costs. Proof of publication of the

resume notice shall be filed with the court within one hundred eighty-two (182) days of the

date of publication.