Which
Forms to File,
1
During the adjudication
process you may need to file one or more of four forms. In this section
you will learn what each form is for and will decide which form or
forms you need to file at this time.
Be careful! The form titles may be
misleading. Make sure you understand the purpose of each form before
deciding what to file.
Click on the links below to find out the purpose of each
form:
This is the form that lets the Court know whether you intend
to participate in the adjudication. Everyone who received a summons
packet should file form whether or not they claim a water
right. If you do not file this form on time, you will be "subject
to default."
When should I file Form A?
This form must be filed within 30 days of receiving the
packet or the claimant (that's you) is subject to default (that is,
you lose your right to object
to the state’s determination).
What if I miss the 30 day deadline?
The state will move to enter a
default sub-file order and mail you a notice. If you receive this
notice, you have a few extra days to file Form A. The Court will
not act on
the default sub-file order until 30 days after mailing the
default notice. If you miss the second deadline, it is too late
to do anything about it.
This form is intended for a small subset of water rights claimants
who are particularly interested in one or more larger stream system
issues, for example, carriage losses in EBID ditches or the size
of the CIR (consumptive irrigation requirement).
Filing this form allows these people to participate in additional, special hearings.
Many people will not want to file this form,
but instead want to File Form A to reserve their place in the
general adjudication process.
When should I file Form B?
There is no set deadline for filing Form B. You may file at any time
if you wish to take part in the special meetings. However, expect a
processing time of at least 20 business days between when the court receives
your Form B and when they begin to send you notices of meetings.
This form can only be filed after
receiving an Offer of Judgment from the state, specifying what
the state thinks your water right is.
If you agree with the Offer of Judgment, you do not need to do anything.
File this form if you object to any element
of the state’s
Offer of Judgment. You must file this form on time in order for your
objection to be recognized.
When should I file Form C?
You must file Form C within 60 days of when the Offer of Judgment is
mailed from the State Engineer Office.
Check the postmark on the envelope to determine when the Offer of Judgment
was mailed.
File this form only if you have already filed Form A, received an Offer of Judgment,
Filed Form C to object to the offer, and been unable to come to agreement
with the state through the informal process.
This form will initiate a
formal, legal process of mediation to resolve the difference.
When should I file Form D?
As of the date of this writing, this part of the process has not yet
been defined. The adjudication has not progressed to this stage.
Check back on this site, or check with the State Engineer Office
after you file Form C to find out the time requirements for filing
Form D.
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