Trial Practice in the Water Courts: Managing the Case Before Trial Out of Stock
The Colorado Supreme Court and the Water Law Section of the Colorado Bar Association
As much as Hollywood loves a good trial scene, attorneys know that most cases are won and lost in the pre-trial stage. Learn important strategies for managing your water cases as they work their way to trial, including the importance of disclosures, discovery, and mediation and settlement discussions. And as a bonus, hear an update from the Division of Water Resources on two important memos that will impact your water practice.
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The program is accredited in Colorado. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee's responsibility to complete the accreditation outside of Colorado.
8:30 – 9:00 am
Registration
9:00-9:10 am
Welcome and Introductions
Extended by The Honorable Maria Berkenkotter, Colorado Supreme Court
9:10 – 10:00 am
Pre-Application, Application, and Pre-Filing Considerations and Processes [Submitted for 0.2 Ethics Credits]
- Research, Agreements, Acquisitions
- Catlin Bylaw Provisions
- Inquiry Notice, Issues and Case Law
- Anti-speculation Issues
- Application Verification
- Ethical Issues
Presented by Whitney Phillips Coulter, Esq., Fischer, Brown, Bartlett, Larsen, & Irby, PC, and Heather Thompson, P.E., Senior Water Resource Engineer, Ecological Resource Consultants, Inc.
Moderated by John P. Justus, Esq., Curtis, Justus, & Zahedi, LLC
10:00 – 10:50 am
Early Steps, Conferral, Strategies, and Disclosure Before Trial
- Typical Case Management Deadline
- Applicant’s Response to Division Engineer Summary of Consultation
- Preparation and Distribution of Preliminary Engineering and First Draft Decree
- Opposers’ Initial Comments
- Applicant’s Response to Opposers’ Initial Comments
- 26(a)(1) Disclosures by All Parties
- Document Handling in Complex Cases
Presented by Ryan Jarvis, Esq., Johnston Van Arsdale Martin PLLC; Honorable Holly Kirsner Strablizky, Water Referee, Water Division 5
10:50 – 11:00 am
Morning Break
11:00 – 11:50 am
Managing Less Complex Water Cases in Water Division 4
Referee Stanway will open the discussion by describing how cases are handled in Water Division 4. The attorneys, who are regular practitioners in Water Division 4, will discuss their typical cases, including the frequency of opposition, interaction with the Division Engineer, whether expert witnesses and discovery are necessary, how frequently their cases go to trial, and how practice in Division 4 compares to other Divisions.
Presented by Kendall Burgemeister, Esq., Law of the Rockies; Bob Hurford, P.E., Division Engineer, Division 4; and Honorable S. Gregg Stanway, Water Referee, 7th Judicial District.
11:50 am – 1:00 pm
Lunch on Your Own
1:00 – 1:50 pm
Negotiation and Mediation
- Negotiation Strategies (When and How)
- Mediation (Methods and Preparation)
Presented Honorable John W. Madden, IV (ret.), JAMS, and Ema I.G. Schultz, Esq., Colorado Attorney General’s Office; additional speakers to be named
Moderated by Alyson Kimzey Scott, Esq., Alyson Scott Law, LLC
1:50 – 2:40 pm
Discovery
- Informal
- Written
- Depositions - Lay and Expert Witnesses: Rule 30(b)(6)
- Exhibit and Witness Preparation
- Pros and Cons of Conducting Written and Deposition Discovery
Presented by Peter J. Ampe, Esq., Hill & Robbins, P.C.; Steven J. Bushong, Esq., Bushong & Holleman, PC; and Cristy Radabaugh, P.E., Martin and Wood Water Consultants, Inc.
Moderated by: William “Bill” Caile, Esq., Holland & Hart, LLP
2:40 – 2:50 pm
Afternoon Break
2:50 – 3:40 pm
BONUS TOPIC: Division of Water Resources Update
Discussion of recent DWR memos Written Instruction and Order: Making Water Rights Diverted Out of Priority Absolute and Appropriating Return Flows.
Presented by Tracy Kosloff, P.E., Deputy State Engineer, Colorado Division of Water Resources, and Derek Turner, Esq., Colorado Attorney General’s Office
3:40 pm
Adjourn
- Standard Price $529.00 USD
- Member Price $399.00 USD
- General Credits 6.00
- Ethics Credits 0.20
8:30 – 9:00 am
Registration
9:00-9:10 am
Welcome and Introductions
Extended by The Honorable Maria Berkenkotter, Colorado Supreme Court
9:10 – 10:00 am
Pre-Application, Application, and Pre-Filing Considerations and Processes [Submitted for 0.2 Ethics Credits]
- Research, Agreements, Acquisitions
- Catlin Bylaw Provisions
- Inquiry Notice, Issues and Case Law
- Anti-speculation Issues
- Application Verification
- Ethical Issues
Presented by Whitney Phillips Coulter, Esq., Fischer, Brown, Bartlett, Larsen, & Irby, PC, and Heather Thompson, P.E., Senior Water Resource Engineer, Ecological Resource Consultants, Inc.
Moderated by John P. Justus, Esq., Curtis, Justus, & Zahedi, LLC
10:00 – 10:50 am
Early Steps, Conferral, Strategies, and Disclosure Before Trial
- Typical Case Management Deadline
- Applicant’s Response to Division Engineer Summary of Consultation
- Preparation and Distribution of Preliminary Engineering and First Draft Decree
- Opposers’ Initial Comments
- Applicant’s Response to Opposers’ Initial Comments
- 26(a)(1) Disclosures by All Parties
- Document Handling in Complex Cases
Presented by Ryan Jarvis, Esq., Johnston Van Arsdale Martin PLLC; Honorable Holly Kirsner Strablizky, Water Referee, Water Division 5
10:50 – 11:00 am
Morning Break
11:00 – 11:50 am
Managing Less Complex Water Cases in Water Division 4
Referee Stanway will open the discussion by describing how cases are handled in Water Division 4. The attorneys, who are regular practitioners in Water Division 4, will discuss their typical cases, including the frequency of opposition, interaction with the Division Engineer, whether expert witnesses and discovery are necessary, how frequently their cases go to trial, and how practice in Division 4 compares to other Divisions.
Presented by Kendall Burgemeister, Esq., Law of the Rockies; Bob Hurford, P.E., Division Engineer, Division 4; and Honorable S. Gregg Stanway, Water Referee, 7th Judicial District.
11:50 am – 1:00 pm
Lunch on Your Own
1:00 – 1:50 pm
Negotiation and Mediation
- Negotiation Strategies (When and How)
- Mediation (Methods and Preparation)
Presented Honorable John W. Madden, IV (ret.), JAMS, and Ema I.G. Schultz, Esq., Colorado Attorney General’s Office; additional speakers to be named
Moderated by Alyson Kimzey Scott, Esq., Alyson Scott Law, LLC
1:50 – 2:40 pm
Discovery
- Informal
- Written
- Depositions - Lay and Expert Witnesses: Rule 30(b)(6)
- Exhibit and Witness Preparation
- Pros and Cons of Conducting Written and Deposition Discovery
Presented by Peter J. Ampe, Esq., Hill & Robbins, P.C.; Steven J. Bushong, Esq., Bushong & Holleman, PC; and Cristy Radabaugh, P.E., Martin and Wood Water Consultants, Inc.
Moderated by: William “Bill” Caile, Esq., Holland & Hart, LLP
2:40 – 2:50 pm
Afternoon Break
2:50 – 3:40 pm
BONUS TOPIC: Division of Water Resources Update
Discussion of recent DWR memos Written Instruction and Order: Making Water Rights Diverted Out of Priority Absolute and Appropriating Return Flows.
Presented by Tracy Kosloff, P.E., Deputy State Engineer, Colorado Division of Water Resources, and Derek Turner, Esq., Colorado Attorney General’s Office
3:40 pm
Adjourn
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