C.R.S. Section 37-92-303
Rulings by the referee

(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.

Source: Section 37-92-303 — Rulings by the referee, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑92‑101
Short title 37‑92‑102
Legislative declaration - basic tenets of Colorado water law 37‑92‑103
Definitions 37‑92‑201
Water divisions 37‑92‑202
Division engineers 37‑92‑203
Water judges - jurisdiction 37‑92‑204
Water clerks - duties 37‑92‑301
Administration and distribution of waters 37‑92‑302
Applications for water rights or changes of such rights - plans for augmentation 37‑92‑303
Rulings by the referee 37‑92‑304
Proceedings by the water judge 37‑92‑305
Standards with respect to rulings of the referee and decisions of the water judge - definitions 37‑92‑306
Priorities junior to prior awards - when 37‑92‑306.1
Relation back of priority date 37‑92‑308
Substitute water supply plans - special procedures for review - water adjudication cash fund - legislative declaration 37‑92‑309
Interruptible water supply agreements - special review procedures - rules - water adjudication cash fund - legislative declaration - definitions 37‑92‑310
Colorado water rights protection act - short title - legislative declaration - limitation on actions 37‑92‑311
Industrial hemp cultivation allowed under an agricultural water right 37‑92‑401
Tabulations of priorities and decennial abandonment lists 37‑92‑402
Special procedures for the 1978 tabulation and abandonment list 37‑92‑501
Jurisdiction over water - rules and regulations 37‑92‑501.5
Special procedures with respect to plans for augmentation 37‑92‑502
Orders as to waste, diversions, or distribution of water 37‑92‑503
Enforcement - injunction 37‑92‑504
Treble damages 37‑92‑601
Disposition of pending proceedings - showings of reasonable diligence 37‑92‑602
Exemptions - presumptions - stream restoration projects - report - legislative declaration - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-92-303’s source at colorado​.gov