Water courts logjammed, well owners tell panel
By Jerd Smith, Rocky Mountain News
Published March 11, 2008 at 12:30 a.m.
Colorado's water courts are in virtual gridlock and need to be overhauled, frustrated farmers and attorneys told a Colorado Supreme Court panel Monday afternoon.
"All is not well when it comes to water court," said John Meininger, an attorney who represents irrigation well owners along the South Platte River. Some of his clients, he said, have been waiting five years for a final decision.
Meininger's comments came at a public hearing designed to gather information on where problems lie within Colorado's water court system. The Colorado Supreme Court is conducting an eight-month review of the system after a task force appointed last summer by Gov. Bill Ritter asked it to do so. A final report is due Aug. 1.
How much of the problem lies with Colorado's unique water court system and how much lies with new laws governing the operation of irrigation wells isn't clear.
Several attorneys said the court system works well and is a fair way to allocate a scarce resource.
Colorado's water is administered via a system of water rights that can be bought and sold. Any changes to those rights - changes from farm to urban use for instance - must be hammered out in water court, using special judges who are responsible for hearing the cases and making a final decision. No juries are involved. Colorado operates seven water courts in the state's major river basins.
People who hold water rights can participate in court cases to protect their rights when someone else is claiming water on the same stream. Often, engineers and attorneys must be hired to craft technical and legal arguments to present to the court.
State Sen. Jim Isgar told panel members that the process has simply become too expensive for individual water right owners and small irrigators.
"Some small irrigation districts might only have a legal budget of $10,000," said Isgar, who ranches in southwestern Colorado. But defending their rights in water court could easily cost $100,000, he said.
The special panel will hold several more meetings this spring and summer before finalizing its recommendations.
For more information, visit courts.state.co.us.
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