Rule 4 - Amendments or Corrections(a) For purposes of the application of C.R.C.P. 15, the application shall be considered to be a complaint, and a statement of opposition shall be considered to be a responsive pleading. An amendment to an application shall contain a legal description of the structures to which the amendment applies. (b) When an application is amended, or a petition for correction of a ruling or decree is filed, republication shall be required at the expense of the applicant for the following changes: (1) A change of over 200 feet in structure location; (2) A change causing the well to come within 600 feet of an existing decreed well; (3) A change or moving of a structure to a different quarter section; (4) An increase in amount of use or addition of type of use, but not a decrease in amount of use or deletion of a type of use; (5) A request for an earlier date of appropriation; (6) A change in the source of water; or (7) Any other change not specifically described that the court in its discretion deems material. (c) Upon a showing that no person will be injured, the water judge or referee may determine that republication is unnecessary. (d) If the water judge or referee determines republication is necessary for an amended application, the consultation and recommendation procedures (as supplemented by Water Court Rule 6(e) and (n)) and state engineer determination of facts procedures described in C.R.S. §§ 37-92-302(2)(a) and -302(4) shall apply to the amended application. If the water judge's order for republication provides for the water judge to retain the application as amended, then the division engineer shall file a written recommendation in the proceedings as required by C.R.S. § 37-92-302(4) within thirty-five days of the order requiring republication of the amended application and, in the case of an amendment to an application for determinations of rights to groundwater from wells described in C.R.S. § 37-90-137(4), the state engineer shall file any determination as to the facts of such amended application as required by C.R.S. § 37-92-302(2)(a) within four months of the order requiring republication or shall promptly file a notice that no such determination is necessary.Colo. Unif. L.r. Water Ct. Div. 4
Entire chapter added August 13, 1990, effective 9/1/1990; amended and adopted December December 13, 2018, effective 12/13/2018. ANNOTATION Even though an application for the enlargement of a specifically-identified dam placed the location of the dam in the incorrect quarter section, there was no need to amend the application because the application correctly identified the name of the reservoir and none of the parties would be injured by not republishing the application. City of Black Hawk v. City of Central, 97 P.3d 951 (Colo. 2004).