Colorado § 37-92-303 Rulings by the referee

Colorado Statutes

§ 37-92-303 — Rulings by the referee

Colorado § 37-92-303

Title 37Water and

Art.Water Right Determination and Administration

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Bluebook

Colo. Rev. Stat. § 37-92-303 (2026).

Text

(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, an

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(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.

Legislative History

Source: L. 69: p. 1208, � 1. C.R.S. 1963: � 148-21-19. L. 71: p. 1327, � 2. L. 83: Entire section amended, p. 1427, � 2, effective July 1. L. 88: (2) amended, p. 1240, � 3, effective July 1. L. 2005: Entire section amended, p. 122, � 3, effective April 5. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 888, � 163, effective July 1.