How Do Colorado Water Courts Work?

Per the Water Right Determination and Administration Act of 1969, Colorado created seven water divisions based upon the state’s drainage patterns. Each division is staffed with an engineer, a water judge, a water referee appointed by the water judge, and a water clerk designated by the District Court. Colorado Water Court judges are chosen from the district court judges and appointed by the supreme court to one-year terms. To serve as a water court judge, a judge must be a qualified elector of that district and licensed to practice law in the state for at least five years. Water court judges also have a mandatory retirement age of 72. Colorado Water Courts have jurisdiction over:

• The determination of water rights
• The use and administration of water
• Other water matters within the water division

Cases in the Water Court usually begin with filing an application with the water clerk. A list of all the court applications is filed in the monthly water court resume and legal notice in a few newspapers. Interested persons may subsequently file statements of opposition to an application within an acceptable period, as indicated in the Colorado statute. Typically, this period is two calendar months after the month in which the application is filed. The Water Clerk also sends a copy of the application to the state engineer, the division engineer, and the water referee. The division engineer and the water referee review the application and visit the site to ascertain the applicant’s information.

The referee enters a ruling, which serves as a recommendation to the water judge verifying whether the applicant has met the law. Interested parties have 20 days after the ruling to submit a protest. Upon filing a protest, the judge will hear the case and make an independent decision.

As provided in the 1969 Act, owners of affected rights must appear to object to the opposition or be barred from claiming injury to their water rights owing to the claims made in an application. In cases where no protests are filed, the judge will sign the ruling and make it the decree of the court, establishing that an applicant is entitled to use a certain amount of water for particular use with a defined priority. The Water Clerk makes all forms for filing, opposition, or protest available for a fee of $.75 per page.

Persons interested in accessing Colorado Water Court rulings, administrative orders, filings, or trial calendars may view such on the divisions’ pages online or visit the relevant court’s location from the list below:

Water Division One - South Platte River Basin
Weld County Courthouse
901 9th Avenue
P.O. Box 2038
Greeley, CO 80632
Chief Judge/Water Judge Phone: (970) 475–2510
District Court Judge/Alt. Water Judge Phone: (970) 475–2540
Water Clerk Phone: (970) 475–2507
Water Clerk Email: connie.koppes@judicial.state.co.us
Water Referee Phone: (970) 475–2509
Water Referee Email: john.cowan@judicial.state.co.us

Water Division Two - Arkansas River Basin
Pueblo County Judicial Building
501 North Elizabeth Street
Suite 116
Pueblo, CO 81003
Water Judge Phone: (719) 404–8832
Water Referee: (719) 404–8832
Water Clerk: (719) 404–8832
Water Clerk Email: michelle.santistevan@judicial.state.co.us

Alternate Water Judge
El Paso County Judicial Building
270 Tejon Street
P.O. Box 2980
Colorado Springs, CO 80903
Phone: (719) 452–5365

Water Division Three - Rio Grande River Basin
Alamosa Co. Courthouse
8955 Independence Way
Alamosa, CO 81101
Phone: (719) 589–4996
Water Clerk Email: jennifer.pacheco@judicial.state.co.us

Water Division Four - Gunnison River Basin
Chief Judge/Water Judge
Gunnison County Courthouse
200 E Virginia
Gunnison, CO 81230
Phone: (970) 641–3500
Email: darleen.cappannokeep@judicial.state.co.us

District Court Judge/Alternate Water Judge
Montrose County Justice Center
1200 N. Grand Avenue
Montrose, CO 81401
Phone: (970) 252–4351

Water Referee
Montrose County Justice Center
1200 N. Grand Ave. Bin A
Montrose, CO 81401
Phone: (970) 252–4334
Email: darleen.cappannokeep@judicial.state.co.us

Clerk of Court/Water Clerk
Montrose County Justice Center
1200 N. Grand Ave., Bin A
Montrose, CO 81401
Phone: (970) 252–4336
Fax: (970) 252–4309
Email: jodi.hanson@judicial.state.co.us

Water Court Clerk
Montrose County Justice Center
1200 N. Grand Ave. Bin A
Montrose, CO 81401
Phone: (970) 252–4331
Email: Fred.Castle@judicial.state.co.us

Water Division Five - Colorado River Basin
Garfield Co. Courthouse
109 8th Street, Ste 104
Glenwood Springs, CO 81601
Alternate Water Judge Phone: (970) 928–3065
Chief Judge/Water Judge Phone: (970) 928–3065
Water Clerk Phone: (970) 928–3062
Water Clerk Fax: (970) 928–3067
Water Clerk Email: katherine.powers@judicial.state.co.us
Water Referee Phone: (970) 928–3065

Water Division Six - White River Basin
Water Referee
Routt County Justice Center
1955 Shield Drive, Unit 200
Steamboat Springs, CO 80487
Phone: (970) 879–5020

Water Clerk
Routt County Justice Center
1955 Shield Drive, Unit 200
Steamboat Springs, CO 80487
Phone: (970) 879–5020
Email: maryann.ninger@judicial.state.co.us

District Court Judge/Alternate Water Judge
Grand Combined Court
P.O. Box 192
307 Moffat
Hot Sulphur Springs, CO 80451
Phone: (970) 725–3357

Chief Judge/Water Judge
Routt County Justice Center
1955 Shield Drive, Unit 200
Steamboat Springs, CO 80487
Phone: (970) 879–5020

Water Division Seven - San Juan River Basin
La Plata Combined Courts
1060 E. 2nd Ave., Rm. 106
Durango, CO 81301
Water Judge/Water Referee Phone: (970) 385–6189
Water Clerk Phone: (970) 385–6181

Designated Ground Water Basins
Upper Black Squirrel Creek
Upper Big Sandy
4th Judicial District
Larry E. Schwartz, Water Judge
El Paso County Judicial Building
270 S. Tejon Street
P.O. Box 2980
Colorado Springs, CO 80903
Phone: (719) 448–7632

Southern High Plains
15th Judicial District
Stanley A. Brinkley, Chief Judge/Water Judge
Prowers County Courthouse
301 S. Main, P.O. Box 1178
Lamar, CO 81052
Phone: (719) 336–7424

Upper Crow Creek
19th Judicial District
James Hartmann, Chief Judge/Water Judge
Weld County Courthouse
P.O. Box 2038, 901 9th Avenue
Greeley, CO 80632
Phone: (970) 351–7300 ext. 5450

Northern High Plains
Camp Creek
13th Judicial District
Michael K. Singer, Chief Judge/Water Judge
Logan County Courthouse, Rm 205
110 N. Riverview Road
Sterling, CO 80751
Phone: (970) 522–6565

Kiowa-Bijou/Lost Creek
17th Judicial District
Patrick T. Murphy, Chief Judge/Water Judge
Adams County Justice Center
1100 Judicial Center Drive
Brighton, CO 80601
Phone: (303) 654–3250