§ RULE 89. NOTICE WHEN PRIORITY ANTEDATING AN ADJUDICATION IS SOUGHT

Codes > Colorado Rules of Civil Procedure > Chapter 10 > RULE 89.

RULE 89. NOTICE WHEN PRIORITY ANTEDATING AN ADJUDICATION IS SOUGHT

Whenever a claimant makes application for the determination of a water right or a conditional water right and claims that his date of priority will antedate any earlier adjudication or claims a priority date earlier than the effective date of one or more priorities awarded by a previous decree or decrees within the water division in which the application is filed (except when provision for such antedation or earlier priority is made by statute), in order not to be forever barred, the owners of affected rights must object and protest within the times and in the manner provided by statute, and the water clerk shall include in the resume required by statute a specific notification in boldface type substantially as follows:

“The water right claimed by this application may affect in priority any water right claimed or heretofore adjudicated within this division and owners of affected rights must appear to object and protest within the time provided by statute, or be forever barred.”