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Water Cases
Water Cases

Opposing a Water Court Application

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Opposing a Water Court Application

Step 1: Time

You must determine how much time you have to file your paperwork opposing the application.

If you want to oppose an application filed in water court, you must file your paperwork no later than the last day of the second month after the application is filed.  For example, if an application is filed in January, you must file your opposition paperwork no later than the last day of March.

Review Section Four of the Non-Attorney's Guide to Colorado Water Courts for additional information about opposing an application.

NOTE:  Water cases can be very complicated.  You may want to speak to an attorney before you get started.

Step 2: Identify

You must file your paperwork with the same court where the original application was filed, using the same case number. There are 7 different water court divisions in Colorado.  Go to the water courts page for the locations of each water court division.

Step 3: Fill

If you want to oppose a water court application, fill out form JDF 303W Statement of Opposition.

Step 4: Review 

Review JDF 295W Standardized Instructions for all Colorado Water Court Divisions for additional information.  You can also review the Non-Attorney's Guide to Colorado Water Courts.

You will be referred to as the "Opposer" on the Statement of Opposition form.  The person who filed the application that you are opposing is referred to as the "Applicant".

Step 5: Mail

You will need to mail or hand-deliver a copy of JDF 303W Statement of Opposition to all other parties in the case. After you mail or hand-deliver a copy, complete the "Certificate of Service" part of the form before filing it with the court.  You can get the addresses of the other parties in the case from the water court clerk.

Step 6: Fee

When you file your completed JDF 303W Statement of Opposition and any additional documents with the court, the court will collect a filing fee.  If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and the caption box of JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee. 

You can either file your documents with the court in person and pay the filing fee (if the fee is not waived), or you file your documents by mail along with the filing fee (if the fee is not waived).

Step 7: Participate

After you file your documents, you will become part of the case and will be expected to participate in all further actions that require your participation.  Failure to participate can result in your dismissal from the case.