District/Water Judge O. John Kuenhold, who participated in a statewide Water Court Committee, signs a water decision in court in Alamosa. The committee recently released its report.

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By RUTH HEIDE

ALAMOSA — Making water court proceedings more understandable to the general public and attorneys more informed about water law were 2 of 10 areas identified for improvement by a statewide water court committee that included San Luis Valley Water Judge O. John Kuenhold and attorney for the Valley’s Rio Grande Water Conservation District David Robbins.

Formed last December and appointed by Colorado Supreme Court Chief Justice Mary Mullarkey, the 21-member Water Court Committee of the Colorado Supreme Court was given an August deadline to come up with recommendations for improving the water court process in Colorado. The committee released its report, “Timely, Fair and Effective Water Courts,” right on cue this month.

The report’s recommendations ranged from housekeeping measures to further reviews of water court procedures and funding.

The committee recommended that a standing water committee continue to serve, and its next meeting is on September 4 in the Colorado Supreme Court conference room.

The Water Court Committee also recommended that the state legislature continue to support the development of river basin computational models and other tools. One such model, the Rio Grande Decision Support System, was a key factor in the 2006 confined aquifer rules case trial in the Valley. That computer model continues to undergo revisions and is expected to be a key tool in implementing the water management sub-districts in the San Luis Valley.

The state water committee stressed that such tools should be available and usable by the public. One of the recommendations made by the committee was for the State Court Administrator’s Office to work with the standing Water Court Committee to prepare a “user-friendly set of materials designed for assisting the public and individuals without attorneys to better understand and participate in water court proceedings.”

In addition to assisting the public by making water court proceedings more understandable and user friendly, the committee recommended ongoing education for water attorneys, judges, and other professionals participating in water court proceedings. The committee recommended that the Colorado Supreme Court, Colorado Bar Association and Continuing Legal Education, Inc. of the Colorado Bar Association work together to develop a comprehensive ongoing educational program for attorneys and others involved in the water court process.

General recommendations from the committee included: review and revise water court forms; fund the water courts so they can operate effectively and fairly; and review and adjust water court staffings.

Specific recommendations included: consider amending state statutes to put the White River/drainage in Water Division 6 instead of Water Division 5; consider amending water court rules (Colorado Rule of Civil Procedure 90 and Rule 2, 3, 6, and 11) related to water court filings, water right/change applications, water referee procedures and water trial-related issues such as case management orders and disclosures; and adopt a declaration for all experts to sign in water court proceedings.

The Water Court Committee’s report was delivered to the governor and the general assembly.

“I would like to thank all of the members of the Water Court Committee for their hard work and dedication to this project, especially the subcommittee chairs,” said Chairman Supreme Court Justice Gregory Hobbs. “I look forward to continuing my role in working with these individuals who are dedicated to the importance of beneficial use for one of Colorado’s most limited resources. Through this review we took public input and heard the concerns about the water court process being too expensive and taking too much time. I am confident that the committee’s recommendations will result in more effective and efficient case management.”

Mullarkey added, “I was pleased to see the progress made by this committee and have decided it is critical for the work to continue. As such, I signed an order on August 8 establishing the water court committee as a standing committee of the Colorado Supreme Court.”