Date: 10/29/2015
Final
Legal Research on Participation in Colorado Water Court Cases
WATER RESOURCES REVIEW COMMITTEE
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01:31 AM -- Legal Research - Participation by Out-of-State Entities in Colorado Water Court Proceedings
Jennifer Berman, Office of Legislative Legal Services, explained that during the July 20, 2015, committee meeting, the committee heard a request for legislation to limit participation of certain out-of-state entities in water court proceeding. The committee requested that Ms. Berman review current law and explain to the committee whether there are any restrictions under current law concerning participation by out-of-state entities in water court proceeding. She explained that the issue of out-of-state entities participating in water court proceedings is currently being reviewed by district court. She also explained that under Section 37-92-302 (1)(b), any person may file a statement of opposition to any application for a water right or a conditional water right. Also, under Section 37-92-103 (8), "person" means "an individual, a partnership, a corporation, a municipality, the state of Colorado, the United States, or any other legal entity, public or private." Together, these laws allow out-of-state entities to file statements of opposition in water court.
01:34 PM
Carolyn F. Burr, Animas La Plata Operation, Maintenance, and Replacement Association, identified issues that the association plans to discuss in its presentation to the committee.
01:35 PM
Russ Howard, General Manager, Animas La Plata Operation, Maintenance, and Replacement Association, spoke in opposition to any limit on out-of-state entities participation in water court that would affect participants in the association to defend their interests in water court. He identified the membership of the association and discussed the purpose of Animas Project and the operation and maintenance of the project (Attachment E).
Attachment E.pdf
01:41 PM
Jens Jensen, Animas La Plata Operation, Maintenance, and Replacement Association, discussed current law concerning participation by out-of-state entities in Colorado water court proceedings (Attachment F). He explained that restrictions on participation by out-of-state entities in water court proceedings may violate the Colorado constitution and cause other states to retaliate by restricting the ability of Colorado residents to participate the water proceedings of other states.
Attachment F.pdf