JUDICIAL DEVELOPMENTS

July 2009

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Colorado Supreme Court Reiterates the Importance of Compliance with State Rules of Civil Procedure In Water Rights Cases
Cornelius v. River Ridge Landowners Ass’n.

The Colorado Supreme Court has upheld the Division 2 Water Court’s dismissal for failure to prosecute Mark A. Cornelius’s three water right applications. The Water Court had dismissed the cases because Cornelius failed to comply with the Colorado Rules of Civil Procedure’s disclosure requirements or to respond to the opposers’ requests for information. In affirming the dismissal, the Court held that a Water Court does not abuse its discretion in dismissing a case with prejudice when an applicant does not comply with the civil disclosure rules and fails to provide any information related to the application other than that contained in the initial filing.