Trial Practice in the Water Courts: Managing the Case Before Trial Out of Stock
Water Court Practice Program – The Water Law and Administration Program Series
Quantity
October 2019
Trial Practice in the Water Courts: Managing the Case Before Trial
Water Court Practice Program – The Water Law and Administration Program Series
Learning Objectives:
Better Understand and Gain Insights on Colorado’s Water Courts and System
- Pre-application, application, and pre-filing processes and
considerations
- Best practices in the pre-trial phase
- Smaller and less complex case management
- Discovery tips and techniques
- Negotiation and mediation strategies, methods and preparation
Program Description:
Our 12th series program about water law and administration aspect of Colorado’s complicated water law system, this is our first course devoted to the practicalities of managing your water court case before trial. A Bonus Presentation by the Attorney General’s office about water rights abandonment rules and the 2020 abandonment list is also included.
Polish your skills and knowledge necessary for your involvement with water rights and/or the practice of water law in Colorado in any way, whether from a legal, technical, administrative or expert perspective.
Don’t miss this unique CLE opportunity devoted to the Pre-trial Phase of Colorado Water Court Litigation.
Register Now!
AGENDA
8:30AM
Registration and Continental Breakfast
9:00AM
Welcome and Introductions
Extended by Honorable Monica M. Márquez
9:10AM
Pre-Application, Application, and Pre-Filing Considerations and Processes [Submitted for .2 Ethics Credits]
- Research, Agreements, Acquisitions
- Catlin Bylaw Provisions
- Inquiry Notice, Issues and Case Law
- Anti-speculation Issues
- Application Verification
- Ethical Issues
Presented by Austin Hamre, Esq., David C. Taussig, Esq., and Heather Thompson, P.E., Senior Water Resource Engineer
Moderated by: John P. Justus, Esq.
10:10AM
Networking Break
10:25AM
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 Jeff Houpt, Esq., and Holly Kirsner Strablizky, Esq., Assistant County Attorney, Eagle County, CO and former Water Referee, Water Division 5
11:25AM
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 Honorable S. Gregg Stanway, Water Referee, 7th Judicial District, Kendall Burgemeister, Esq., and Michael C. Dawson, Esq.
Moderated by John McClow, Esq., General Counsel,,Upper Gunnison River Water Conservancy District
12:25 PM
Lunch on Your Own
1:30PM
Negotiation and Mediation
- Negotiation Strategies (When and How)
- Mediation (Methods and Preparation)
Presented by Honorable John Kuenhold, Mediator, Senior Judge, Formerly Chief Judge and Water Judge, 12th Judicial District and Division 3, Steven O. Sims, Esq., and Ema I.G. Schultz, Esq., Senior Assistant Attorney General, and Michael Erion, P.E., C.F.M.
Moderated by Honorable Gregory J. Hobbs, Jr.
2:30PM
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 Steven J. Bushong, Esq., Douglas H. Clements, P.E., and Frederick (Rick) A. Fendel, Esq.
Moderated by: William Caile, Esq.
3:30PM
Networking Break
3:40PM
BONUS TOPIC: Abandonment Rules, the 2020A Abandonment List
Presented by Paul Benington, Esq., First Assistant Attorney General
4:30PM
Adjourn
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $469.00 USD
- Member Price $369.00 USD
- General Credits 7.00
- Ethics Credits 0.20
- EDI Credits