Colorado Code § 37-92-303

Rulings by the referee
Open in Lexace · Ask the AI about this section
(1) Within sixty-three days after the last day on
which statements of opposition may be filed with respect to a particular application, unless such
time is extended by the water judge for good cause shown, the referee shall make a ruling on the
application unless the referee determines to rerefer the matter to the water judge as specified in
subsection (2) of this section. The ruling may disapprove the application in whole or in part in
the discretion of the referee even though no statements of opposition have been filed. The ruling
of the referee shall give the names of the applicants with respect to each water right or
conditional water right involved, the location of the point of diversion or place of storage, the
means of diversion, the type of use, the amount and priority, and other pertinent information. In
the case of a plan for augmentation, such ruling shall include a complete statement of such plan
as approved or disapproved. The ruling shall be filed with the water clerk, subject to judicial
review. A copy of the ruling shall be sent by the water clerk by regular or electronic mail to the
applicant, to each person who has filed a statement of opposition, to the state engineer, and to the
division engineer.
(2) The referee may determine not to make a ruling as specified in subsection (1) of this
section and to rerefer the matter to the water judge for a decision as provided in this article. Such
rereferral shall be accomplished by order of the referee, which shall be entered within sixty-three
days following the last month in which statements of opposition may be filed with respect to the
particular application, unless such time is extended by the water judge for good cause shown.
The referee shall rerefer the matter to the water judge at any time before the referee's hearing
upon a motion to rerefer by the applicant or any opposer certifying that party's intent to protest
an adverse ruling of the referee. A motion to rerefer shall not be a prerequisite to a protest of the
ruling of the referee. A copy of the order shall be sent by the water clerk to the applicant and to
each person who has filed a statement of opposition and to the state engineer and the division
engineer by regular or electronic mail.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.