Colorado Code
Part 3 - Determination and Administration of Water Rights
§ 37-92-304. Proceedings by the Water Judge

(3.5) In connection with a water adjudication proceeding to change the place of use of a water right from a mutual agricultural ditch or mutual agricultural ditch system or mutual agricultural reservoir company, the remaining owners of water rights in such ditch or ditch system or reservoir company, in the discretion of the court and where material injury has been demonstrated by the objector, may be awarded payment of their reasonable attorney fees and costs, including reasonable engineering and expert witness fees and the cost of any structures or measures necessary within the ditch or reservoir system to ensure the continuation of such owners' historically available surface water supply, under the remaining water rights which such owners continue to own, without injury or any increase in cost, unless the applicant seeking such change of water right shall have sought such change based on limitations, conditions, and structural changes necessary to prevent material injury to the exercise of such owners' water right. In cases where the objector fails to demonstrate material injury or the applicant has incorporated sufficient limitations, conditions, and structural changes to prevent material injury and such opposition has been maintained frivolously or for purposes of harassment, the applicant, in the discretion of the court, may be awarded payment of his reasonable attorney fees and costs, including reasonable engineering and expert witness fees. The provisions of this subsection (3.5) shall not apply to decrees which have been entered prior to May 17, 1988, or decrees pending before the referee as of May 17, 1988, and which are concluded before the referee without being protested to the water judge.
(3.6) Any decree entered for a water right requiring a well to be constructed on lands owned by other than the applicant shall specify that no person shall construct a well on property owned by another unless the right to construct such a well is obtained by consent of the landowner or the exercise of the power of eminent domain by a person having the power of eminent domain under law.

(6.5) Any decision of a water judge concerning a significant water development activity shall include, as a condition of the decree approving the change application, a provision in the decree for retained jurisdiction to ensure payment of any fees imposed pursuant to section 37-92-305 (4.5).

Source: L. 69: p. 1208, § 1. C.R.S. 1963: § 148-21-20. L. 70: p. 432, § 4. L. 71: pp. 1327, 1328, §§ 3, 4. L. 73: p. 1525, § 1. L. 77: (6) amended, p. 1703, § 3, effective June 19. L. 81: (6) amended, p. 1792, § 1, effective May 28. L. 83: (2), (3), and (8) amended and (11) repealed, pp. 1428, 1430, §§ 3, 6, effective July 1. L. 88: (1) to (3) amended and (3.5) and (3.6) added, p. 1241, § 4, effective May 17. L. 98: (8) amended, p. 1345, § 76, effective June 1. L. 2003: (6.5) added, p. 881, § 3, effective August 6. L. 2006: (6) amended, p. 1000, § 2, effective May 25. L. 2008: (2) amended, p. 2144, § 14, effective June 4. L. 2012: (2) and (3) amended, (SB 12-175), ch. 208, p. 889, § 164, effective July 1.
Cross references: For the legislative declaration contained in the 2008 act amending subsection (2), see section 1 of chapter 417, Session Laws of Colorado 2008.