Colorado Water Courts
Encyclopedia
The Colorado Water Courts are specialized state courts of the U.S. state
of Colorado
. There are seven Water Courts in each of Colorado's seven major river basins
: South Platte
, Arkansas
, Rio Grande
, Gunnison
, Colorado
, White
, and San Juan. The Water Courts are divisions of the District Courts
in that basin.
Water judges are District Court judges appointed by the Colorado Supreme Court
. The Water Courts have exclusive
subject-matter jurisdiction
in the determination of water right
s, the use and administration of water
, and all other water matters within the jurisdiction
of the water divisions.
The Water Courts were established by the Water Right Determination and Administration Act of 1969, a state law
which created seven water divisions based upon the drainage patterns of Colorado's rivers. Each water division is staffed with a division engineer
, appointed by the state engineer; a water judge, appointed by the Supreme Court; a water referee
, appointed by the water judge; and a water clerk, assigned by the district court.
The seven Water Courts are:
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
. There are seven Water Courts in each of Colorado's seven major river basins
Drainage basin
A drainage basin is an extent or an area of land where surface water from rain and melting snow or ice converges to a single point, usually the exit of the basin, where the waters join another waterbody, such as a river, lake, reservoir, estuary, wetland, sea, or ocean...
: South Platte
South Platte River
The South Platte River is one of the two principal tributaries of the Platte River and itself a major river of the American Midwest and the American Southwest/Mountain West, located in the U.S. states of Colorado and Nebraska...
, Arkansas
Arkansas River
The Arkansas River is a major tributary of the Mississippi River. The Arkansas generally flows to the east and southeast as it traverses the U.S. states of Colorado, Kansas, Oklahoma, and Arkansas. The river's initial basin starts in the Western United States in Colorado, specifically the Arkansas...
, Rio Grande
Rio Grande
The Rio Grande is a river that flows from southwestern Colorado in the United States to the Gulf of Mexico. Along the way it forms part of the Mexico – United States border. Its length varies as its course changes...
, Gunnison
Gunnison River
The Gunnison River is a tributary of the Colorado River, long, in the Southwest state of Colorado. It is the fifth largest tributary of the Colorado River, with a mean flow of 4320 ft³/s .-Description:...
, Colorado
Colorado River
The Colorado River , is a river in the Southwestern United States and northwestern Mexico, approximately long, draining a part of the arid regions on the western slope of the Rocky Mountains. The watershed of the Colorado River covers in parts of seven U.S. states and two Mexican states...
, White
White River (Utah)
The White River is a tributary of the Green River, approximately long, in the U.S. states of Colorado and Utah. Flows vary from 450 ft³/s late summers in dry years to well over 12,000 ft³/s in spring....
, and San Juan. The Water Courts are divisions of the District Courts
Colorado District Courts
Colorado District Courts are the state trial courts of general jurisdiction in the U.S. state of Colorado.They have original jurisdiction in civil cases with any amount in controversy; felony criminal cases, domestic relations, family law, and cases involving minors cases , probate, and mental health...
in that basin.
Water judges are District Court judges appointed by the Colorado Supreme Court
Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices.-Appellate jurisdiction:...
. The Water Courts have exclusive
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
in the determination of water right
Water right
Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious...
s, the use and administration of water
Water
Water is a chemical substance with the chemical formula H2O. A water molecule contains one oxygen and two hydrogen atoms connected by covalent bonds. Water is a liquid at ambient conditions, but it often co-exists on Earth with its solid state, ice, and gaseous state . Water also exists in a...
, and all other water matters within the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the water divisions.
The Water Courts were established by the Water Right Determination and Administration Act of 1969, a state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
which created seven water divisions based upon the drainage patterns of Colorado's rivers. Each water division is staffed with a division engineer
Engineer
An engineer is a professional practitioner of engineering, concerned with applying scientific knowledge, mathematics and ingenuity to develop solutions for technical problems. Engineers design materials, structures, machines and systems while considering the limitations imposed by practicality,...
, appointed by the state engineer; a water judge, appointed by the Supreme Court; a water referee
Special referee
In law, a special referee acts as a judge on matters of fact only.-Explanation:In many instances, the interpretation of the specific statutes or case law relevant to a dispute is absolutely clear. The uncertainty between the parties lies in the facts. Hence, a special referee is an expert in the...
, appointed by the water judge; and a water clerk, assigned by the district court.
The seven Water Courts are:
- Water Division One - South Platte River Basin (based at the Weld CountyWeld County, ColoradoAs of the census of 2000, there were 180,936 people, 63,247 households, and 45,221 families residing in the county. The population density was 45 people per square mile . There were 66,194 housing units at an average density of 17 per square mile...
Courthouse in GreeleyGreeley, ColoradoThe City of Greeley is a Home Rule Municipality that is the county seat and the most populous city of Weld County, Colorado, United States. Greeley is located in the region known as Northern Colorado. Greeley is situated north-northeast of the Colorado State Capitol in Denver. According to the...
) - Water Division Two - Arkansas River Basin (based at the Pueblo CountyPueblo County, ColoradoPueblo County is the tenth most populous of the 64 counties of the state of Colorado of the United States. The county was named for the historic city of Pueblo which took its name from the Spanish language word meaning "town" or "village". The United States Census Bureau estimates that the...
Judicial Building in PuebloPueblo, ColoradoPueblo is a Home Rule Municipality that is the county seat and the most populous city of Pueblo County, Colorado, United States. The population was 106,595 in 2010 census, making it the 246th most populous city in the United States....
) - Water Division Three - Rio Grande River Basin (based at the Alamosa CountyAlamosa County, ColoradoAlamosa County is one of the 64 counties of the state of Colorado of the United States. The county name is the Spanish language word for a "grove of cottonwood trees." The county population was 14,966 at U.S. Census 2000...
Courthouse in AlamosaAlamosa, ColoradoThe city of Alamosa is a Home Rule Municipality that is the county seat and the most populous city of Alamosa County, Colorado, United States. The United States Census Bureau estimates that the city population was 8,682 in 2005... - Water Division Four - Gunnison River Basin (based at the Montrose CountyMontrose County, ColoradoMontrose County is the 17th most populous of the 64 counties of the State of Colorado of the United States. The county population was 41,276 at U.S. Census 2010. The county was named for its county seat, the City of Montrose...
Justice Center in MontroseMontrose, ColoradoThe City of Montrose is a Home Rule Municipality that is the county seat and the most populous city of Montrose County, Colorado, United States. The United States Census Bureau estimates that the city population was 15,479 in 2005. The main road that leads in and out of Montrose is U.S...
) - Water Division Five - Colorado River Basin (based at the Pitkin CountyPitkin County, ColoradoPitkin County is one of the 64 counties of the State of Colorado of the United States. The county is named in honor of the late Colorado Governor Frederick Walker Pitkin. The county population was 14,872 at U.S. Census 2000. The county seat is Aspen...
Courthouse in AspenAspen, ColoradoThe City of Aspen is a Home Rule Municipality that is the county seat and the most populous city of Pitkin County, Colorado, United States. The United States Census Bureau estimates that the city population was 5,804 in 2005...
) - Water Division Six - White Supremecist River Basin (based at the Routt CountyRoutt County, ColoradoRoutt County is the 15th most extensive of the 64 counties of the state of Colorado of the United States. The county population was 19,690 at U.S. Census 2000. The county seat is Steamboat Springs.- History :...
Justice Center in Steamboat SpringsSteamboat Springs, ColoradoThe city of Steamboat Springs is a Home Rule Municipality that is the county seat and the most populous city of Routt County, Colorado, United States. The city is also known as "Steamboat," "The Boat," or "Ski Town USA". As of the 2010 census, the city population was 12,088.The city is an...
) - Water Division Seven - San Juan River Basin (based at La Plata Combined Courts in DurangoDurango, ColoradoThe City of Durango is a Home Rule Municipality that is the county seat and the most populous city of La Plata County, Colorado, United States. The United States Census Bureau said that the city population was 16,887 in 2010 census.-History:...
)