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Rule 91.Entry of Decree When No Protest Has Been Filed

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 91 lets a water judge enter a final decree on an unprotested referee ruling at any time, using a short standard form confirming the ruling as the judgment and decree of the court.

Full Text of Rule 91

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The water judge may enter a decree at any time upon any ruling of the referee to which no protest has been filed, and it shall be sufficient for such purpose to enter thereon substantially the following language: No protest was filed in this matter. The foregoing ruling is confirmed and approved, and is made the Judgment and Decree of this Court. Dated: _______ ......................................................................................................................................................................................................... Water Judge

Amendment History

The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.

Plain-English Summary

Rule 91 offers a shortcut for water court cases that draw no opposition. When a water referee issues a ruling and no one files a protest against it, the water judge does not need to write a full opinion to make that ruling final. Instead, the judge may enter a decree at any time using brief standard language stating that no protest was filed, that the ruling is confirmed and approved, and that it is made the judgment and decree of the court.

This streamlined process reflects how much of Colorado water court work involves unopposed, routine applications, letting the court finalize them with minimal added paperwork while still creating a formal judgment and decree in the water clerk's records.

Frequently Asked Questions

When can a water judge use the simplified decree in Rule 91?

Whenever a water referee has issued a ruling and no protest has been filed against it, the water judge may enter a decree confirming that ruling at any time.

What language does Rule 91 require in the decree?

It is enough for the judge to state that no protest was filed, that the ruling is confirmed and approved, and that it is made the judgment and decree of the court, followed by the date and the water judge's signature.

Does Rule 91 apply if someone files a protest to the referee's ruling?

No. The rule is limited to referee rulings to which no protest has been filed; a protested ruling follows the water court's regular process instead.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 91). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source
Also known as: water court unprotested decreereferee ruling water courtwater judge decree entrywater court decree confirmationwater courtwater rights